Research On The Special Judicial Protection Mechanism For Minor Victims From The Perspective Of Secondary Victimization

The theory of secondary victimization in victimology indicates that minor victims with relatively weak physical and mental capacity may suffer mental injury,personality derogations,and privacy violations during the criminal procedures due to restatement of the case and damage to their rights.At present,the minor judicial system in our country mainly attaches importance to the special education and protection of minors suspected of crimes,so the special judicial protection mechanism that preventing minor victims from secondary victimization is extremely limited.Although the problem of secondary victimization of minor victims in the criminal justice field is serious,there is relatively insufficient attention and prevention of minor victims’ secondary victimization,lack of targeted protection awareness,and lack of systematic special protection mechanisms and specific protection measures in the current stage of the judicial field.Therefore,it is urgent to protect special judicial protection mechanism for minor victims in the field of criminal justice based on secondary victimization.First of all,the pre-trial stage is the primary procedure for minor victims to enter criminal procedures.In the process of investigation,evidence obtaining,appraisal and inspection of minor victims,it is very easy to get minor victims suffer from secondary victimization.Based on the avoidable characteristics of secondary victimization of minor victims in the pre-trial stage,it is necessary to construct the preventive countermeasures for secondary victimization of the minor victims in the pre-trial stage by improving the one-stop inquiry mechanism,the one-time inquiry model,the negative list system for questioning minor victims and the special responsibility system for handling cases.Secondly,minor victims will undoubtedly face the direct psychological pressure formed by the confrontation of defense in the criminal trial stage,and may suffer more intense secondary injuries.Based on the remedial characteristics of preventing minor victims from secondary victimization at the trial stage,it is necessary to perfect the relief countermeasures to prevent minor victims from secondary victimization at the trial stage by improving the special testimony protection mechanism for minor victims,strengthening targeted privacy protection,and establishing a special compensation system.Thirdly,the secondary victimization of minor victims may extend to the criminal execution stage.At the stage of criminal execution,restorative countermeasures must be perfected on the basis of characteristics of secondary victimization of minor victims.Protect minor victims’ right to know and participate during the execution stage,and improve the tracking protection and rights restoration mechanism for minor victims.Finally,based on the welfare of minor victims,it is necessary to build a welfare supporting mechanism for preventing secondary victimization of minor victims by improving the state aid and the social assistance for minor victims,as well as the comprehensive supporting protection mechanism of home and school for minor victims.