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In China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.In fact, although some other countries do not admit the qualification of children witnesses under certain age, they do not take it as the factor to measure whether a witness has qualification or not. It is the judge who can decide whether a witness has qualification or not. Based on the these foreign countries＇s experience, we should not limit the qualification of children witnesses in the legislation. However, for the particularity of children＇s cognitive ability, we should embody this particularity when we judge children＇s testimony and protect children witnesses.