An Empirical Study On The Appropriate Adult Participation System In Y District, Chongqing Municipality

It is generally believed that the appropriate adult participation has embodied inthe Criminal Procedure Law of the People’s Republic of China before its modificationin2012. The problem is that its concept was not clear, the provisions of law was notspecific, as well as conflictions and contradictions existed in different laws andregulations, resulted in operating difficulties in practice and, therefore, despite theappropriate adult participation system has tried out in China for a long time, itsdevelopment is relatively slow.With the modification in2012, article270of the new Criminal Procedure Lawmade a more clear and specific stipulation for the appropriate adult participation. Foreffective docking, corresponding system has carried out across the country. This papertakes the appropriate adult participation system in Y district, Chongqing municipalityas the research object, based on its current situation, analysis the problems meet in itsdevelopment process under the new legislation background, and puts forwardcorresponding perfecting suggestions.This article is divided into three parts:The first part is the introduction of the implementation background and currentsituation of the system in Y district, Chongqing municipality. Regarding theimplementation background, there is a stringency need for appropriate adults injudicial practice, for there are many ecdemic students and left-behind children in Ydistrict, and many of them are suspected of crimes occasionally. Regarding the patternof appropriate adult participation, Y district has chosen the supplementary mode andthe full participation mode on narrow sense. The innovation of the system in Y districtis mainly reflected in its participation range and stage of the appropriate adult can beboth restricted and expanded; the supervision between appropriate adult and judicialofficial has been changed from one-way to two-way; the permit for entering detentionareas for the appropriate adults has changed from private coordination tonormalization, etc. Regarding the actual effect of implementation of the system, theappropriate adults’ participation in Y district has provided effective supplementationfor the absence of legal representatives, which effectively safeguarded the litigationrights of minors in criminal cases.The second part is about the problems of the system in Y district and the analysis of causes of these problems. The problems mainly include: the fuzzy position of therole of appropriate adult; the rights protection of the suspected minors is still notenough; insufficient quantity and misdistribution of the appropriate adults; the effectof appropriate adults’ presence remains to be improved, as well as some judicialofficials’ failure enforce of the regulation, etc. The causes of the above problemsinclude: misunderstanding for the role of appropriate adult; problems in the electmethods of the appropriate adult; imperfect of the security and regulation mechanismfor the appropriate adults; judicial officials’ unprofessional ways to deal with thecriminal cases of minors, as well as the absence of negative consequences for theirregularities of judicial officials, etc.The third part is the perfecting suggestions based on the analysis in the abovepart, which include deepen the understanding of the role of appropriate adult and thereal purpose of the appropriate adult participation system; intensification of the rightsprotection of suspected minors, and stipulate the ways of rights remedy for them;change the elect methods of the appropriate adults, ensure the quality and quantity ofthem; improve the security and regulation mechanism for the appropriate adults, andtake measures to train and constraint the judicial officials, etc.