Study On The Collection And Review Of Evidence Of Juvenile Sexual Assault Cases In China

In In recent years,the incidence of sexual assault on minors has continued to rise,touching the bottom line of the law and the public morality.Although our country has issued a minor school protection regulations and a series of legal documents,and in the criminal law,the protection of minors and other relevant laws and regulations to crack down on sexual assault minors crime,but in judicial practice,minors sexual assault cases still frequent,especially in collection and review,such cases evidence is seriously hindered the judicial organs to fight crime,protect minors.Therefore,it is necessary to make an empirical investigation and systematic analysis of the current situation of evidence collection and review of juvenile sexual assault cases in China,explore the existing problems,and put forward targeted solutions.In this paper,using a paradigm combining theoretical and empirical research,First,the relevant concepts of the crime of sexual assault on minors are clearly defined,Through empirical investigation,we find out the characteristics of a large proportion of acquaintances,many persistent crimes,high proportion of young minors,high incidence of education and home cases,And through the analysis of 98 cases of juvenile sexual assault adjudication documents to explore the characteristics of the serious lack of material evidence,high proportion of verbal evidence and poor stability,"one to one" situation and other characteristics;next,Through further in-depth analysis of 98 judgment documents and two typical cases of Zhou Mouyou sexual assault case and Zhang XX sexual assault case,It is found that there are difficulties to collect and fix evidence in evidence collection,and non-standard collection procedures,At the review level,it is influenced by the traditional "verification mode",the difficulty to review the authenticity of speech evidence and other problems;once more,In the aspect of the collection and review of evidence,such as the promulgation of special laws and regulations,the attention to the collection of electronic data,the establishment of special evidence collection places,Experience in using testimony qualifications and character evidence;last,Combining with China’s national conditions,Comprehensive put forward that China should improve the appropriate adult system,timely and comprehensive collection of physical evidence,standardize the collection procedures of verbal evidence,pay attention to character evidence,establish "loose verification rules",introduce "rules of thumb",establish "one-stop" evidence collection mode and other perfect countermeasures,Strive to solve the current problems in the collection and review of the evidence of sexual assault of minors in China,In order to better punish the crime of sexual assault on minors,Protect the minor victims.