Research On The Problems Of Victims' Statements In Sexual Assaults On Minors In My Countr

The victim’s statement is a key type of evidence in cases of sexual assault of minors,and it is also the focus of proving occurrence of the facts to be proved and the cross-examination of both parties.From the perspective of the cases of sexual assault of minors,this paper studies the statutory evidence of victim’s statement stipulated in China Criminal Procedure Law,in order to solve the problems of collection,review and use of juvenile victim’s statement in China criminal procedure practice.Cases of sexual assault on minors have the particularity of subject and object,and the practice of criminal procedure in our country also has many omissions in the collection and review of evidence related to the minors.Guided by the realistic problems of victim statement in sexual assault cases of minors,this paper makes a special research on the legal evidence of victim statements of minors,which has both theoretical and practical significance.For the subject particularity of minor victims,in the case of sexual assault on minors,it is necessary to ensure that minors should have an independent legal status like adults,but also to give special protection procedures considering their immaturity of mind and age.It includes correct handling of the special circumstances of withdrawing charges and modifying statements made by juvenile victims;when asking the victim,understand the victim’s collective symptoms to avoid repetitive injury and so on.This paper is divided into five part: the first part studies the theoretical origin of victim’s statement in cases of sexual assault of minors in China,and discusses the connotation,basic characteristics,proven capacity and weight of proof of victim’s statement in cases of sexual assault of minors in China.The second part is to study the current situation of victim’s statement in juvenile assault cases in China,analyze the legislative status and judicial status of victim’s statement in sexual assault cases in China,and use judicial cases to analyze and explore the proof function of juvenile victim’s statement in typical sexual assault cases.The third part elaborates on the practical dilemmas faced by victims in cases of sexual assault of minors in China,such as issues related to evidence collection,evidence review,and evidence use.The fourth part makes an investigation outside the territory to learn and draw on the relevant provisions and judicial application experience of extraterritorial statements on victims of sexual assault of minors,and draws enlightenment for Chinese legislative provisions and judicial application.The fifth part analyzes the current problems in the victim’s statement in sexual on minors in China,and proposes targeted solutions from aspects such as standardizing evidence collection behavior,improving evidence review standards,and improving rules for the use of evidence.