Font Size: a A A

On The System Of Appropriate Adult Presence In Criminal Procedure

Posted on:2013-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ChenFull Text:PDF
GTID:2246330362966179Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
System of appropriate adult presence is a special criminal procedure system mainly forjuvenile suspects and defendants (collectively referred to as "minor"), which has requiredthat during the time of interrogation to minor, an appropriate adult is present to play theimportant role on ease, communication, and supervision to safeguard the legitimate rightsand interests of minors and to ensure the smooth progress of the criminal proceedings.But itis different from the role of minor, questioning authority and defense counsel. Therefore, justin one hundred years, system of appropriate adult presence has been very porpular in manycountries and regions, which around the principle of maximizing the interests of minors,have implemented the different justice:models of this system, such as social welfare modeland judicial control model outside, also independent mode and relief pattern and inclusivemodel in China. Under the trend of restorative justice and the changes of the criminal justicepolicy on minors in China, it should be appropriate to adopt to improve the social welfaremodel and fully respect for the wishes of minors to greatly protect the rights of them to buildsystem of appropriate adult presence. The number of all words in text is about36,000, andthe text inclues three chapters:In the first chapter, it has analyzed of the basic questions on system of appropriate adultpresence, incluing its meaning, and the relationships between appropriate adult and otherpresent, and its basis in theory, which sets the foundation.for the following.In the second chapter, it has studied the evolution about the appropriate adult presencesystem at home and abroad. It not only has compared with and selected the practice modelsof the system outside, but also has explored the system’s experimental legislation and modes,in order to provide references and evidences for building a comprehensive system onappropriate adult presence in China..In the third chapter, It is about the construction of system of appropriate adult presence,which has included the principles, stages and objects of the system, and the qualifications,selection, responsibilities of the appropriate adult, and the relatative measures for the system.The purpose is to offer some legislative suggests of the appropriate adult presence in China.
Keywords/Search Tags:Appropriate adult, Presence, Minor, The best interest for children
PDF Full Text Request
Related items