性侵未成年人案件“起诉难、定罪难”已然成为司法实践中的结症。这不仅令部分实施性侵未成年人犯罪的行为人逃避了法律制裁，也对未成年被害人及其家属造成了巨大的伤害。社会上，关于严惩性侵未成年人犯罪的呼声日益高涨，但是对性侵未成年人犯罪的惩治不能以牺牲司法公正为代价。所以，如何在确保司法公正的同时惩治性侵未成年人犯罪是当前理论界与司法界亟需解决的重要问题。在证据基础较差的性侵未成年人案件中，对被害人陈述的审查判断于案件认定中起着决定性的作用。但是囿于未成年人身心发育未臻健全以及询问程序专业性缺乏、法庭调查程序不合理、审查采信规则缺失，未成年被害人陈述的收集与审查判断陷入了困境，进而影响案件事实认定。故而有必要在结合未成年人特殊性的基础上从询问程序、法庭调查程序以及审查采信规则三方面对未成年被害人陈述进行系统性研究。全文分为五章，具体分述如下：第一章通过实证研究剖析性侵未成年人案件的证据特征以及事实认定困境。通过实证调研发现，性侵未成年人案件在证据构造上呈现“以未成年被害人陈述为核心”的特点。在被告人拒绝作出有罪供述时，印证模式对证据类型以及数量的要求成为了定罪的障碍。为应对上述难题，司法实务部门提出“以未成年被害人陈述为核心”的证据审查模式。实务人员普遍认为科学的询问程序、规范的法庭调查程序以及合理的审查采信规则是推行“以未成年被害人陈述为核心”证据审查模式的前提条件。但就目前现状而言，我国立法在未成年被害人陈述询问程序、法庭调查程序与审查采信规则等方面均存在问题，不仅导致被害人陈述质量不佳，司法人员亲历性亦无法得到保障。第二章从多维度视角准确解读性侵未成年被害人陈述。从证据法视角来看，鉴于未成年人具有易错性，部分学者不仅对其是否具有作证资格存在质疑，亦认为未成年人证言证明力较弱。上述观点有失偏颇且不利于案件的审理。从儿童权利视角来看，遭遇性侵的未成年被害人具有脆弱性，参与司法活动易受到二次伤害。对此，司法程序应充分考虑其利益与需求，既应当保障被害人有效参与案件的处理，又应当避免被害人遭受二次伤害，以贯彻儿童利益最大化原则。从性别文化视角来看，父权体制下的性别文化令司法人员对性侵被害人产生刻板印象，以致部分司法人员审查被害人陈述时有所偏颇。女权主义运动对父权体制下的性刻板印象进行了批评与修正。当前虽然有所改善，但是刻板印象的影响依然存在。第三章探讨了性侵未成年人案件被害人询问程序。司法实践中，许多地方依然采用传统询问程序，存在着儿童保护意识缺失、立法与实践需求脱钩以及询问交流技巧缺乏等短板。对此，实务部门着手对询问程序进行改进，从传统分阶段询问向一站式询问转变。一站式询问改革虽然取得了一定成效，但仍存在询问程序功能定位偏差、陈述收集专业性欠缺、检察机关主导效果不彰以及询问录音录像难以贯彻等问题。因此，未来询问程序的改革，应当从程序参与主体、询问方法、检察引导侦查机制以及强制录音录像等四个方面进一步完善，以达到“保护未成年人”与“发现真实”的双重目标。第四章探讨了性侵未成年人案件被害人法庭调查程序。司法实践中，被害人陈述主要以询问笔录的形式呈现于法庭，这虽然有利于减少诉讼程序对未成年人造成的负面影响，但也导致被告人难以进行有效质证，同时影响了法官审查证据的亲历性。从理论上讲，应当贯彻直接言词原则，要求被害人出庭接受交叉询问。但是，当被害人是未成年人时，严格贯彻直接言词原则可能对未成年人造成二次伤害，亦会影响其陈述的精准性。因此，应当在保护未成年被害人与保障被告人质证权之间寻求平衡。观察域外立法，两大法系的主要经验便是在合理限制被告人质证权的基础上，设置未成年被害人出庭作证的替代性措施。我国应当吸收域外的有益经验，构建多样化和层次性的措施对质证权加以限制，并由法官对质证权限制的必要性以及措施的相称性进行逐案审查，以促进两者的兼顾与平衡。第五章探讨了性侵未成年人案件被害人陈述的审查采信。性侵未成年被害人陈述的采信面临诸多障碍。从内因上看，受限于自身发展能力，被害人陈述质量尚不够理想。从外因上看，未成年被害人不仅容易受到外界影响以致陈述存在失真风险，而且经验法则的不当运用会妨碍到案件事实的准确认定。因此，实务部门对未成年被害人陈述的审查进行了探索，具体包括适当放宽证据的审查标准，综合运用情态证据、过程证据、经验法则，以及品格证据审查未成年被害人陈述。然而，通过调研发现，对性侵未成年被害人陈述的审查存在标准把控有误、性品格证据运用不规范、情态证据关注不足、过程证据审查形式化以及经验法则运用失范等问题。对此，应当从限制运用被害人性品格证据、引入科学证据审查被害人陈述、重视情态证据以及过程证据等方面对现行问题予以完善，从而构建“多元求真”的综合性证据审查模式。

At present, it is difficult to prosecute and convict the cases of sexual assault on minors.This not only causes some of the perpetrators who have committed sexual assault to evade the legal sanctions, but also causes great harm to the minor victims and their families. Within society, the voice of severe punishing the crimes of sexual assault against minors is growing. However, the punishment of sexual assault on minors can not be at the expense of judicial justice. How to punish sexual assault while ensuring judicial justice is an important problem that needs to be solved in the current theoretical and judicial circles.Due to the poor evidence base in child sexual assault cases,the judgment of the victim's statement plays a decisive role in the determination of the case.However, due to the imperfection of the physical and mental development of minors, the lack of professional inquiry procedures, the unreasonable court investigation procedures, and the lack of review and acceptance rules, the review of child victims’ statement are in a dilemma, which further affects the fact finding of the case.Therefore, it is necessary to improve the evidence collection procedures, investigation procedures and review procedures of juvenile victim's statement through theoretical research.The paper is divided into five chapters.

The first chapter analyzes the evidence characteristics of sexual assault cases and the dilemma of fact finding.Through reading the judgment documents and interviewing the practitioners, I find that the main evidence is often the child victims’ testimony.When applying the corroboration mode of our criminal evidence law,the absence of the defendant’s confession would easily lead to the failure of the prosecution.In order to deal with the above problems, the judicial practice department has made a beneficial attempt and put forward the evidence review mode of "taking the victim's statement as the core".I found through research,It is generally accepted by the judiciary that scientific forensic procedures,standardized court investigation procedures,and reasonable review rules are important prerequisite for implementing mode of "taking the victim's statement as the core".However, Based on the current situation, the above preconditions cannot be satisfied.There are problems in the inquiry procedure, court investigation procedure and review rules, which not only lead to poor quality of the victim's statement, but also the judicial personnel's "personal experience" cannot be guaranteed.

The second chapter analyzes the statement of child victims in different dimensions.First of all, from the perspective of evidence dimension analysis of juvenile victim statements. Considering that the physical and mental development of minors is not perfect, people not only challenged whether minors have the qualification to testify, but also some scholars believe that the credibility of minors' testimony is low. The above views are biased and not conducive to the trial of the case.Secondly, from the perspective of children's rights to interpret the statement of minor victims. Minors are vulnerable. The Convention on the rights of the child stipulates the principle of "maximizing the interests of the child". In the case of sexual assault, the judicial organ should not only avoid secondary injury to the victim, but also ensure the victims effectively participate in the case-handling. In order to achieve the above goals, the judicial organ should give special care to the victims, and the procedure should be set up in accordance with the interests and needs of children.Thirdly,the victim statement is analyzed from the perspective of sexual culture.Different from ordinary crimes, sexual assault are closely related to the issue of gender equality. In the past, the control of patriarchy over women still penetrate into different stages of criminal proceedings with different forms. And this kind of stereotype will make judicial personnel attach special label to the victim, so that some judicial personnel are biased when they review the victim's statement. With the development of feminist movement, most countries try to prevent judges from making unfair judgments because of prejudices against victims. Although the current situation has improved, the impact of sexual stereotypes still exists.

The third chapter discusses the inquiry procedure of child victims of sexual assault.At present, the research on child inquiry system in China's theoretical circle is not deep enough. In judicial practice, most areas still adopt the traditional inquiry procedure, which is not only easy to cause secondary injury to the victims, but also makes it difficult for both sides to establish high effective communication. Specifically, at present, the inquiry procedure in our country is not only lack of appropriate inquiry methods at the procedural level, lack of awareness of child protection at the conceptual level, but also the legal provisions has decoupled from the practice need.the current situation of decoupling legislation and practice needs in the normalization level. In order to solve the above problems, the practical departments started the reform of inquiry procedure. From the current "phased inquiry" to "one-stop inquiry". However, after nearly three years of reform, most regions have only improved their hardware equipment, which is far from the expected goal of the reform. The main reason lies in the lack of professional in the collection of statement, the mechanism of "investigation guided by procuratorial work" does not work well, and the difficulty of implementation of inquiry recording. In the future reform, the inquiry procedure should be further improved from three aspects: the main participation of procedure, the improvement of "investigation guided by procuratorial work" , and the compulsory inquiry recording .

The fourth chapter discusses the court investigation procedure of the child victims statement of sexual assault.In particular, the victim's statements are mainly presented in the form of  inquiry transcript in the court, which can protect the juvenile victims, but affect the judge's "personal experience" in examining evidence. In addition, the absence of the victims in the court trial is also likely to lead to the imbalance of positive interaction in the court trial. In theory, we should implement the principle of direct speech.It require the victim to appear in court, so as to protect the defendant's right of confrontation and the judge's "personal experience" in examining evidence. However, when the victim is a minor, there are many drawbacks in strictly implementing the principle of direct speech. It will not only harm minors, but also may endanger the discovery of the truth of the case. Therefore, we should seek a balance between the protection of minor victims and the protection of the defendant's right of confrontation. One of the main experiences of the two legal systems is to set up alternative measures for minor victims to testify in court on the basis of reasonable restriction on the defendant's right of confrontation. In order to promote the balance between them, it is necessary for the judge to review the necessity of the restriction and the proportionality of the measures case-by-case.

The fifth chapter discusses the review rules of the child victims’ statement of sexual assault. At present, We still face many dilemmas in the review of the child victims’ statements: first, limited by the ability of the victims themselves, the quality of the statements is not ideal; second, the victims of sexual assault are vulnerable to the influence of external factors, so that the evidence has the risk of distortion; third, the rule of thumb in the cases of sexual assault often can not be applied to the sexual assault against minors. In the face of the above difficulties, the practice department has explored the review of minor victims' statements, including: relaxing the review standards of evidence, and comprehensively using modal evidence, process evidence, rule of thumb and character evidence to review minor victims' statements. I found through research that there are some problems in the review of the statement of minor victims, such as the excess relax of the review standard, the nonstandard use of sexual character evidence, the lack of attention to emotional evidence, the formalization of process evidence review and the improper use of rules of thumb. We should perfect the current problems from restricting the use of the victim's character evidence, introducing scientific evidence to examine the victim's statement, attaching importance to emotional evidence and process evidence, so as to build a comprehensive evidence review rule of "seeking truth from multiple sources".