The Research On Appropriate Adult System In Juvenile Criminal Cases Operating Mechanism

Along with China’s social transformation speeding up, all kinds of conflicts andthe juvenile criminal cases are increasing year by year. This is the social pain andlabile factor. By the principle of taking education as the main method and punishmentas the subsidiary, a lot of countries have provided a special program for the minors.As one of them,the appropriate adult system was brought into being. Appropriateadult system originated in England "confait" case, first be introduced in china at theconference "2003China EU youth justice system--the appropriate adult participationsystem seminar". Since then,it has been eleven years of practical experience. Thenew amendment of the Criminal Procedure Act, affirms the significance of thissystem in practice. But the standard rules on the system are more general andinconvenient. Therefore, the research on the operation mechanism of the appropriateadult participation of juvenile criminal procedure is very important now.Methods review and investigation are applied for the study.This paper from the start of the following three areas：Part1: The original and theoretical basis of appropriate adult system. This partmainly instructs the social background in our country and theoretical basis of suchsystem. The original reason is mainly as follow: the high rate juvenile criminal in ourcountry&social population flow during the transition period&the default ofguardian, theoretical basis also make the system have some theoretical support. Thus,in such social background of our country, it is necessary and possible to importappropriate adult system Part2: This part mainly instructs the development and evolution course of theappropriate adult system. From the comparison of the system from England and otherrelated area, to the practice first in our country, and at last confirmed in the newcriminal law, the appropriate adult system is developing in our country. But even so,it still in the stage of exploration&the tendency of formalism is serious.Part3: This part mainly searches the operation mechanism of such system. It willbeen explained from2respects:1Analysis the suitable age, assignment, selection,relationship with lawyer, rights and obligations etc. of suitable adult from institutiondesign element.2Search the current operation mechanism and present correspondingviewpoint through every stage such as investigation and interrogation&prosecution&court hearing&lawsuit visit from every step of criminal action.In general, our appropriate adult system now is still in its infancy and varies fromarea to area. Now Shanghai relies on its mature youth service team, the developmentof the system is in the forefront of the country. However, it still has manydeficiencies,such as the lack of clear work flow. And it urgently needs to improve thequality of the relevant working person. Therefore, based on the enough attention tothe system given by the legislature, relevant judicial authorities need to improve itsefficiency in practice, protect the legitimate rights and interests of minors and avoidformalism.