The Research On Appropriate Adult Participation

Juvenile are a special group of people, whose growth and development have been the general concern of the society. At the same time, the protection of the juvenile criminal suspects'the rights also worth our deep thought. The current academic research on the reasons, characteristics, trends, correction mode and the discretion to prosecute of juveniles'crime is very intensive. However, to some extent, how to protect juvenile criminal suspects in the process sense effectively has been neglected.With juvenile criminal getting more serious, how to establish a criminal proceeding according to this group particularity is the objective of our legislation and judicial practice. However, how to establish a set of outstanding judicial process is a very large project .Therefore, this paper begins with the questioning of juvenile, and then analyzes the current problems during practice, and at last brings forward the conclusion that, basing on the experimental work, the suitable adult participation system should be established according to the advanced foreign countries.This paper is divided into five chapters:The first chapter is the summary of the appropriate adult participation system. The conception, the genesis, the value and the development of the appropriate adult participation system are generally introduced, the distinction between the system and legal representative participation are also introduced.The second chapter analyzes the appropriate adult participation system abroad, especially the legislation modes and the conditions of the function of England. At the same time, the system in Australia, New Zealand, and Hong Kong, Austria are also briefly introduced. Then the comparison is noted.The third chapter is the analysis about the "legal representatives be present in the questioning ". Through comparison with the appropriate adult participation system, I obtained the problems of our practice. It therefore lays the foundation of reference from other countries.The fourth chapter presents the trial of the adult participation in different regions of the. Then I abstract the achievement and the problems through the analyses of trial in Pan Long County of Yunnan Province and the area of Shanghai.The last chapter is the advice of the consummation of the appropriate adult participation system in China. It consists of the range of the application, the phase of appropriate applied, the scope of appropriate adult, the right and the duty of appropriate adult and the procedure of the system.