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Research On The System Of Appropriate Adult Participation

Posted on:2012-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:L W ChangFull Text:PDF
GTID:2166330338459120Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
Juvenile crime has become a big problem in society today, how to effectively protect the rights of juvenile suspects in criminal proceedings is an important research topic. Current academic juvenile suspects criminal pattern of features, trends, causes, treatment, prosecution adjudication of research more, and have made certain achievements. However, juvenile suspects in the procedure within the meaning of rights but to a certain extent has been neglected and, therefore, establish appropriate adult participation is necessary. This system of participation by other countries for reference the appropriate adults on best practices, combined with our exploration results fit adults participating in criminal proceedings, proposed construction suitable for the situation of our country suitable adult participation system.This article is divided into three parts:The first part is "appropriate adult participation in" Overview. Appropriate adult participation system refers to the police at the time of examination of juvenile suspects, you must have appropriate adult (such as the guardian or the appropriate dedicated adults) to be present. The basic meaning of this first set out appropriate adult participation in, followed by a United Kingdom: a case study describes the origins and status of appropriate adult participation system, final interpretation right of adults to participate in the legal basis of the system, that is, appropriate adult participation system conforms to the special physical and mental characteristics of minors, embodies the concept of due process, consistent with protecting both principles, promote justice, improve the efficiency of action.The second part is built to fit adult participation demonstrated the necessity and feasibility of the system. By comparing and appropriate adult participation in foreign countries, pointed out that similar inadequacies of the system, and then on the necessity of establishing appropriate adult participation in feasibility studies, the establishment of an appropriate adult participation system is to protect the legitimate rights and interests of minors, the realization of crime control paradigm shift patterns to due process and improve the juvenile justice system and need to implement juvenile justice criteria. Last from the establishment of an appropriate adult participation in the social basis of the system, base, economic aspects of the system to analyze the feasibility of establishing appropriate adult participation system.Recommendation of the third part is the establishment of an appropriate adult participation system. Initiated the establishment of an appropriate adult involvement should be removed from the following systems: by list and exclude methods to determine the appropriate scope of adults, clear the appropriate legal status of adults in the criminal process, specification, selection of appropriate adults, provided appropriate adult rights and duties, clearly appropriate adults involved in the process.
Keywords/Search Tags:Appropriate Adult, Interrogation, Juvenile Crime
PDF Full Text Request
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