论性侵犯罪中儿童被害人陈述可信度的适用
On the Application of the Credibility of Child Victims’ Statements in the Crime of Sexual Assault

性侵儿童犯罪近年来呈现低龄化、团伙化、恶性化趋势，而此种案件客观证据较少，司法实践中常出现“儿童被害人陈述”和“被告供述”一对一证据情形，可直接证明案情的儿童被害人陈述就显得尤为重要。由于儿童被害人的认识和表达能力受限、侦查讯问的专门模式不成熟影响儿童被害人陈述的可信度的认定。本文引入陈述有效性评估理论，构建以儿童被害人陈述为核心的证据审查体系，完善获取高质量的儿童被害人陈述的制度保障，这对严厉打击犯罪，保护儿童合法权益具有重要意义。
In recent years, the crime of sexual assault against children has shown a trend of younger age, gang and malignancy, and there is little objective evidence in such cases, and one-on-one evidence be-tween “child victim statement” and “defendant confession” often appears in judicial practice, and it is particularly important for child victims to directly prove the facts of the case. Due to the limited ability of child victims to recognize and express themselves, the immature special models of investigation and interrogation affect the credibility of child victims’ statements. This paper introduces the theory of statement validity assessment, constructs an evidence review system with child victims’ statements as the core, and improves the institutional guarantee for obtaining high-quality child victims’ statements, which is of great significance for severely cracking down on crime and protecting children’s legitimate rights and interests.