The Appropriate Adult Participation System In The Juvenile Criminal Justice

Appropriate adult system originated in England in1972Ken Feite case.In1972, a man named Maxwell Confait British man was murdered,three minor boys admit the crimes which are punishable by murder.The Court of Appeal found in the review of a boy with mental retardation,while in this case the police during the interrogation did not require the presence of any independent adults,these three minors have been interrogated; has not informed the three minors to obtain counsel or the right to help families and friends should enjoy.Accordingly,the judges of the Court of Appeal unanimously found:In this case,there may be a false confession,violations of the legitimate rights and interests of minors,and therefore the first instance verdict declared invalid.In1984,Britain was also promulgated the"Police and Criminal Evidence Act"(Police and Criminal Evidence Act1984),the bill for the first time formally proposed the concept of the right of adults.At this point, involved in the criminal justice system has been established in the UK in the appropriate legal adult.Appropriate system of adults involved in criminal proceedings,as a new aspect of the content of which juvenile justice reform in theory and research practitioners to explore more than10years,but the research system is still in the exploratory stage.Currently,the system in order to explore the Panlong District,Kunming,Shanghai as the representative of the three places to explore patterns from judicial practice level,and gradually formed a unique"dragon mode"and"Shanghai model".This is our system research, design exploration and practice of juvenile justice reform and the introduction of an appropriate adult system provides a valuable and rewarding experience.In the introduction of the right of adults to participate in the system,to meet the requirements of physical and mental development of minors,is to implement the constitutional guarantees of human rights and the need to further protect the interests of minors; but also can improve our juvenile justice system building,indeed implementation needs to justice.Combined with our judicial practice,the right to participate in the proceedings of adults thinking theory and practice.Currently on the useful experience of the practice of the right of adults to participate in the pilot system which accumulated summarize;combined with our current system suitable for adults to participate in practice,a number of deficiencies which exist in the analysis;and propose appropriate measures to improve.Article body is divided into the following sections:The first part is an overview of the right to participate in the adult system.Introduces the concept of the right of adults to participate,features; origin and value of the system;pair of criminal proceedings similar to the"appropriate adult participation"requirement to sort out.The right to participate in the adult system mainly refers to cases involving minors suspected of crime.with minor supplementary or legal services expertise and practical experience in the relevant personnel,through participation in criminal proceedings,and the effective implementation of minors litigation supervision, to communicate with minors involved,its psychological comfort and ideological education,safeguard the legitimate rights and interests of minors in criminal proceedings,prompting the minors involved serious repentance,rehabilitation, return a system of society,has the right,independence, enthusiasm characteristics. Construction of the system to improve the criminal justice provisions of substantive law, procedural norms, and promote China’s judicial reform and improve the juvenile justice system are of great value and significance.The second part describes the necessity and feasibility of establishing a sound system suitable for adults to participate. On the one hand,to implement the United Nations as the cornerstone of judicial standards,combined to achieve a paradigm shift with the perfect crime control needs of the juvenile justice system to the due process model,there is a need to improve the system; hand, China’s actual conditions,the legal basis for the adults involved in reform and improve the system to create the right conditions for feasibility.The third part is a combination of experimental conditions in different regions of our country,in-depth analysis of the status of the right of adults to participate in the system and problems.Currently in our juvenile criminal justice system to explore the right to participate in the pilot adult representative there Kunming Panlong,Shanghai Pudong New Area Procuratorate,Tongan Xiamen,Nanjing,Hangzhou and other places.These practices pilot to explore the theory and practice has provided valuable experience while after analysis of lessons learned and found some problems still exist in the experimental work.In this paper,on the part of Yunnan and Shanghai judicial practice pilot briefings and analysis, summary of relevant experience of the existing pilot to recognize the practice of system construction defects,proposed a series of issues related to the actual operation exist.The fourth part is the author of the idea of the right of adults to participate in the system made perfect in our country. The main part of the article mentioned in the third part of our criminal justice minors lack the appropriate status of adults participating in the pilot practices that exist in the system put forward specific Solutions. Specifically,a combination of the right of adults to participate in our existing system of practice pilot accumulated useful experience and appropriate adults participating institution building to improve the country’s advanced experience of foreign law.I believe that our country should be the right of adults to participate in the system from the following aspects proceed perfect:1given proper legal status of an independent adult,and provides legal consequences to be protected and clearly defined legal effect appropriate adult behavior;2adult subjects appropriate to establish a unified qualification standards,improve the appropriate adults.Professional teams,and the corresponding appropriate management organization adults;3should proceed from a tripartite body,the rights and obligations of the right to set reasonable adults;4achieve"one-stop"work,full protection of the rights of minors suspects.