Research On The Independence Value Of Victim’s Statement And It’s Examination And Judgment

China’s Criminal Procedure Law gives the victim the status of a party,and stipulates the victim’s statement as an independent type of evidence.But at present,whether in academia or in judicial practice,the litigation status of the victim has been neglected for a long time.The research on victim statement is still not independent of the theory of witness testimony,so why victim statement is stipulated as an independent type of evidence in our country has been seldom discussed.By analyzing the legal status of the victim and the characteristics of the victim’s statement,this paper finds that there are many differences between the victim’s statement and the witness’s testimony.As a kind of evidence,the victim’s statement has its own independent value.According to the uniqueness of the victim’s statement,it is necessary to determine the criterion of examination and judgment that conforms to its characteristics and ensure the objectivity and authenticity of the Rights and interests and the inevitable requirement of realizing procedural justice.This paper is divided into three parts.The first part is the analysis and comment on the legal status of the victim statement both inside and outside the country.The second part,the core of the study is the value of the victim’s statement as an independent type of evidence.Firstly,through the investigation of social psychology,the influence of retaliation consciousness on the victim’s statement is analyzed.Then,based on the liberal concept of litigation,how to realize the victim’s self-consciousness and freedom of will in the process of statement is discussed.Finally,through the theory of judicial relief,the analysis is made.The role of victim statement in criminal justice practice.After studying the independent value of the victim’s statement as a kind of evidence,we can see the difference between the victim’s statement and the witness’s testimony.Under the influence of this independent value,the victim’s statement can not be applied to the examination and judgment standards of the witness’s testimony as before.It is necessary to design the examination judgment standards and procedure design that conform to the victim’s statement.The third part focuses on clarifying the criteria for examining and judging the victim’s statements,so as to improve the evidence system of criminal proceedings in China,so that the status of the victim’s party is valued,and the victim’s statements can play their true evidential value.