论儿童作证的价值冲突与选择

Value Conflict And Choice for Child's Testifying in the Court

就儿童作证而言,一方面诉讼之恶可能会严重侵害儿童的人权;另一方面,探求真实与诉讼公正要求证人必须出庭作证。法律应当在多种价值冲突中选择,达到诉讼价值的最佳平衡,实现诉讼价值的最大化。儿童作证应有特殊的作证、质证方式,有获得特殊保护的权利。

As to children＇s testifying, it is possible that the lawsuit may seriously violate children＇s human fights. However, exploration of truth and justice of lawsuit require witness to testify in the court. It is expected to choose among various value conflict with law so as to achieve the best balance of the lawsuit value and make it maxmized. Children witness should have special ways to testify or to be questioned, and they should have the right to obtain the special protection.