“以审判为中心”背景下的儿童出庭作证研究

Research on Child's Appearing in Court as a Witness under the Background of “Trial Centered”

随着"以审判为中心"诉讼制度改革的不断深入,刑事诉讼程序日益强调证人出庭作证。作为一类特殊的证人,儿童证人出庭作证还存在很多问题,儿童不出庭作证成为了普遍现象。对此,为了保证儿童证言的可靠性,充分保护儿童的诉讼权益,有必要从儿童证人资格审查程序和儿童出庭保障措施两个方面为儿童出庭作证提供制度保障。

With the deepening of the reform of＂trial centered＂ lawsuit system,more and more emphasis is laid on the testimony of witnesses in criminal proceedings. As a special kind of witness,children still fail to testify at court. Therefore,in order to ensure the reliability of children＇s testimony,and fully protect children＇s litigation rights and interests,it is necessary to provide the system guarantee for children to testify at court from the qualification examination of children＇s witnesses and the guarantee measures for children to testify in the trial.