Research On The System Of Juvenile Witnesses Appearing In Court To Testify In Criminal Proceedings

Minors have imperfect physical and mental development.Compared with adults,they are more fragile both physically and psychologically.Therefore,minors are in a vulnerable group in social life.Just because minors are in a vulnerable group,and according to the particularity of minors and the particularity of cases involving minors,it can be known that it is necessary for minor witnesses to testify in court.This article will conduct an in-depth study on the system of juvenile testimony in criminal proceedings under the current legal system of our country through four parts.The first part gives an overview of the content and relevant regulations of the juvenile testimony system in criminal proceedings,and explains its particularity in detail.First,the concept of the system is introduced,and this article separates the juvenile victim from the juvenile witness,and only discusses the juvenile witness who testified in court.Secondly,this paper starts from the two aspects of the particularity of minors and the particularity of cases involving minors,to pave the way for the following discussion of the special protection measures proposed by minor witnesses to testify in court.Finally,this part discusses the need for underage witnesses to testify in court,which is the fundamental starting point of this article.The second part discusses the rules for determining the ability of minors to testify in court.my country’s current laws and relevant judicial interpretations have not clearly stipulated this,the criteria for determining the ability of testimonial subjects are arbitrary,and the judgment rules are not clear.The determination of competence is mostly based on the judge’s discretion,which is highly subjective and arbitrary.In this part,after absorbing scholars’ viewpoints and learning from the experience of advanced foreign systems,it analyzes the existing regulations on the determination of the ability of juvenile witnesses to testify in court and the status quo of judicial practice,and proposes the standards and judgment rules for the ability of juvenile witnesses to testify in court.corresponding improvement suggestions.The third part discusses the legal procedure of juvenile testifying in criminal proceedings.Procedures for minor witnesses to testify in court include initiation procedures,review procedures and rules for questioning at trial.This paper starts with the start-up procedure,and then studies the examination procedure from the aspects of examination subject,examination content and examination method.Finally,around the particularity of minor witnesses,the special rules for questioning minor witnesses in court are discussed.The fourth part is based on the actual situation of our country’s current social legal system development,and probes into the relevant regulations or measures concerning the system of juvenile witnesses appearing in court in criminal proceedings.Specifically,how to find a balance between the protection of the defendant’s right to cross-examination and the protection of the physical and mental health of minors to protect minor witnesses.By setting up an independent testimony space for juvenile witnesses to help them testify in court,improving juvenile information protection measures,and taking protective measures for juvenile witnesses after the court trial,three types of supporting protection measures are put forward with operable improvement suggestions.