Study On The Procedure Of Juvenile Victim Interrogation

The minors in order to further strengthen the victim asks the interests of the underage victim protection program,the minors of the People’s Republic of China protects a law "(revised in 2020)(hereinafter referred to as" the protection of minors"),the court and the Supreme People’s Court on the criminal procedure law of the People’s Republic of China apply the interpretation of the(2021)(hereinafter referred to as the "explanation")the release on the part of the problem of underage victim ask program rules,including personnel,ask about it and ask and ask location regulations.However,the provisions have not formed a specific normative,specific juvenile victims for the inquiry procedures.Therefore,attention should be paid to the construction and improvement of the interrogation procedure for minor victims.This issue is not only related to the protection of the rights and interests of minor victims,but also related to the milestone progress of the judicial procedure for minors in China.The juvenile victim questioning procedure is still relatively young for China.Looking at the juvenile victim questioning procedure outside the region,the mature juvenile victim questioning procedure should have the following basic characteristics.First of all,we should understand the particularity of the minor victims,that is,the particularity of their cognitive ability,language expression ability and psychological state.Second,ask about the specialization of the subject.Here the professional refers to the inquiry team with legal,psychological,educational,social knowledge strength and professional force related to the minor assault case handling personnel,but also have the existence of the necessary professional force responsible for auxiliary work in other industries.Again,ask about the appropriateness of the environment,here refers to ask about all aspects of the environment Settings need to be appropriate for the minor victims.Finally,to achieve the refinement of the inquiry link,it is necessary to make clear provisions for each inquiry link.Clear requirements should be made in the run-up to the inquiry,during the inquiry,and after the inquiry.For the realization of this idea,the basic guiding principles should be established.First,the principle of being most conducive to minors.In fact,the principle is to maximize the interests of minor victims on the basis of judicial justice as far as possible.Second,the principle of one inquiry,which can effectively avoid multiple injuries to the minor victim,while ensuring the evidence of the minor victim’s statement.Third,the principle of privacy protection of minors,which is mainly a constraint on the subject of the inquiry,but also a shift to focus on the privacy protection of minor victims.Under the guidance of the basic principles,the procedural deficiencies in different stages of the interrogation of minor victims in China are explored.First of all,in the preparation stage of the inquiry,the selection of the inquiry place is improper,the inquiry personnel participate in the arrangement is improper,the minor victims’ information is not comprehensive,and the standard inquiry guidance program is lacking.Secondly,the inquiry is carried out in the unreasonable way.The beginning is too formatted,the overall inquiry mode is too rigid,the language in the inquiry process is too written and adult,and the type and order of the inquiry questions are set improperly.Third,the inquiry process record is not standard.Specifically including the record and comprehensive audio and video recording aspects are not perfect.Finally,the closing session was sketchy.This includes not only the end of the effective communication at that time,but also the implementation of the one-time inquiry after the end of the inquiry and the psychological assistance of minors after that.These problems should be effectively solved in the practice of exploration.In view of the above problems,we should perfect them from the following four aspects.First,improve the preparation for the inquiry.Set up a special inquiry place,complete the professional inquiry team,introduce the inquiry auxiliary personnel,collect the information of the inquiry object,and make the inquiry plan in advance.Second,build a standardized inquiry process.Strengthen the good communication in the initial stage to establish a trust relationship with minors,optimize the way of questioning and deprofessionalize the language of questioning,flexibly use the questioning mode,and combine the open statement with targeted questions.Third,we should strictly record the inquiry process,standardize the recording mode of the inquiry transcripts,and strictly implement the comprehensive audio and video recording system.Fourth,refine the end of the inquiry stage.To construct an integrated juvenile victim protection mechanism,eliminate all kinds of procedural potential threats that infringe upon the rights and interests of juvenile victims in the interrogation procedure,and ensure the smooth implementation of the special juvenile victim interrogation mechanism exclusive to China.