The Study On The System Of Expert Assistant In Civil Litigation

Cases of sexual assault of minors continue to occur,however,China’s Criminal Procedure Law for the protection of minor victims of sexual assault cases is relatively lacking,the attention of victims is not high,the rights of victims are easy to be ignored,the status of the parties exist.In addition,due to the particularity of the case of sexual assault of minors,it is very difficult to prove evidence,China uses the proof rule to prove the facts of the crime,but the proof rule is difficult to meet the needs of practice,need to be perfected.In view of the above-mentioned problems,this paper through five parts to study,strengthen the protection of underage victims of sexual assault cases.The first part is an overview,and firstly introduces the theoretical basis.including the theory of victims of crime and feminist legal theory,which provide theoretical support for the study of the following.Then it introduces the research value and significance of protecting the rights and interests of victims in cases of sexual assault of minors in criminal proceedings.The second part is the status quo and problem of protecting the rights and interests of victims in cases of sexual assault of minors in criminal proceedings.Firstly,the imbalance between the protection of the rights of criminal suspects and minor victims is introduced,and the lever of rights protection is tilted towards the perpetrators,and then the legislation and judicial interpretation on the protection of the rights of victims of sexual assault of minors are introduced,mainly in judicial interpretation.Then explain the problems of the protection of the rights and interests of victims in the case of sexual assault of minors in criminal proceedings in China,including difficulty in obtaining evidence,lack of protection of related rights,lack of special protection,weak protection of the implementation link and so on.The third part is the comparative law study of the protection.first introduces the provisions of extraterriter countries for the appearance of minor victims of sexual assault in court,secondly,the provisions of the two legal systems of the state on the rules of evidence,and finally,cases in extraterriter countries or regions.In the case of sexual assault of minors,the countries of the anglo-American legal system adopt the model of proof of free heart evidence,which our country can learn from appropriately.The fourth part is to establish the evidence rules and examination standards suitable for our country’s national conditions.On the basis of the beneficial experience of extraterriter countries,according to the judicial status quo of our country,we can explore the reasons for proving the difference of ideas in western countries,and explore the operation mechanism of the free-heart proof mode to establish a proof model based on the multiple modes coexisting,to improve the proof mode of our country and reduce the difficulty of proving cases of sexual assault of minors.The fifth part is to protect the rights and interests of victims of sexual assault,including the establishment of compulsory reporting system in cases of sexual assault of minors,the protection of the right to privacy,the right to know,the right to legal aid and the right to moral damages in criminal incidental civil litigation,the right to judicial assistance,and the establishment of special testimony system for minor victims of sexual assault,the system of escort testimony of trusted personnel,the establishment of a special case team,"one-stop" investigation and evidence.And improve the reconciliation system,follow up to protect its protection in the penalty enforcement link.