The System Research Of The Presence Of Appropriate Adult

The presence of an appropriate adult in the juvenile justice system is to protect juvenile criminal suspects and defendants (hereinafter referred to minors) the rights of a lawsuit, it refers to public security and judicial interrogation of minors, the trial should have the right adults present. Appropriate adult is present regime seeks to protect the rights of minors lawsuit from the procedural meaning, is a manifestation of the Criminal humane, reflecting the deep concern of minors. Our2012revised "Code of Criminal Procedure," in the form of a special chapter of the provisions of the "minor criminal case proceedings", making China the juvenile justice system rose to a new level, the concept of juvenile justice has gradually developed into education and protection. China’s current Criminal Procedure Code only from the adult standard established legal representative of the right, but the system does not require the presence of an appropriate adult. In this paper, starting from the country’s judicial practice, learn from foreign experience in an appropriate adult present system is proposed to build the presence of an appropriate adult system.The thesis is divided into four parts:The first part discusses the meaning and value of appropriate adult present system. Concept from the presence of an appropriate adult system this paper proposes suitable adult present rights are exclusively the rights of minor’s lawsuit and the right to be present with the legal represent, the right to a lawyer present were compared. Further illustrates the value and theoretical significance suitable adult present system, aimed at clarifying the presence of a suitable system of adult basic outlineThe second part describes the appropriate adult present two legal systems of different countries, and is briefly compared. Through the introduction of related systems in different countries and comparison mastered the current state of development of the system and the development outcomes for the next country to build an appropriate adult present system provides a guideline.The third part of the current legislation and judicial practice, this paper presents the inadequacies of the right of adult’s legislative and judicial practice. For example there is no clear legislation on the right of an adult concept, practice proper adult elective different standards, litigation status and legal effect of the lack of clarity and so on.The fourth part puts forward to build the appropriate adult present system moves. Suitable for adults, selection standard, the scope of legal status and legal effect, such as the rights and obligations are included. By nuanced system measures to fully ensure implementation of appropriate adult present system.