First, we do not sign the "Convention on the Rights of the Child"(CRC) but we draft “Implementation Act of the Convention on the Rights of the Child “in our state. The CRC have the effect of domestic law according to this Implementation Act article 2, and the legal hierarchy of CRC in our state is under the Constitution, above the law by this Implementation Act article 9. Our court should comply with Vienna Convention on the Law of Treaties when interpreting the CRC. In addition, they should refer the interpretation of the Convention by the United Nations Committee on the Rights of the Child according to the Implementation Act of CRC article 3. This article will investigate whether Criminal suit of our state is compliance with CRC. Secondly, the Principle of “The Best Interests of Children” which is established by CRC is made the interests of children as a priority when the rights of children in conflict with the rights of others. Whether this principle is applicable in our state when the right to life, survival and development of child in conflict with the right to confront cross-examination, after the CRC have the effect of domestic law? Finally, if the right to life, survival and development of child is precedence over the right to confront cross-examination, how should we do that not to sacrifice too much the right to confront cross-examination?

資料來源:http://handle.ncl.edu.tw/11296/ndltd/31714262138737766217