Theoretical Exploration And Policy Enhancement In Appropriate Adult System

Appropriate adult system is a system of the Criminal Procedure Law of China. It has been applied in practice in 2003 and established by law in 2013. In general, some legal system that was applied in such a long period should have exerted law’s function well. However, the present situation of this system is dissatisfied. In this thesis, the author choose the perspective of analyzing the problems appeared in judicial practice and try to find ways to resolve them. Furthermore, it reset the appropriate adults’ role during juvenile criminal procedure by further theoretical research. All data and cases in this thesis are based on the author’s investigation and legal research. The text is divided into four parts.The first chapter describes the concept of appropriate adult by comparing with other systems of juvenile criminal procedure. Specifically:(a) by comparing with the legal representative system, proposing that appropriate adults are those who step into the breach when the legal representative of juvenile absent;(b) by comparing with legal aid lawyer system, to determine appropriate adults’ real function; (c) by comparing with social inquiry system of juvenile offenders, presenting that appropriate adults are "non‐neutral" and have the duty to protect the juvenile offenders.Chapter 2 illustrates the analysis of the existent problems of appropriate adults system: (a) the problem that appropriate adults perform their duties inefficiently, including: appropriate adults’ negative coping during the participation and someone who did not participate in each phrase that defined by law; main reasons for that consisting of the vague position and ambiguity of the qualifications;(b) the doubt of application stage, containing the system is not applied before filing and after criminal proceeding;(c) the lack of criminal law, judicial interpretation and other detailed rules for implementation; (d) the establishment of a professional team of appropriate adults.Chapter 3 shows the theory and the operating mechanism about appropriate adult system rely on overseas research. By using comparison method, the author explores the theory and enhances the policy to make the system more suitable to our country and improve its ‘local adaption’. From the view of theoretical basis, the author presents the concept of national guardianship, which is as a suitable source of appropriate adults’ rights. In addition, about the system construction, through the study of the related systems, the author discusses the problem from four aspects: elective mode, operation mode, the legal effect and the construction of professional team.Last chapter is useful for perfecting the frame of appropriate adult system. Based on the issues and theories above, the author presents the scheme from five aspects. (a) The clear role orientation: "In Loco Parents", as an alternative measure if legal representatives of juvenile is absent;(b) a specific qualification: gender, age, background knowledge; (c) definite responsibilities and the legal effect of participation;(d) determining the proper phrases in criminal procedure that appropriate adult participate;(e) establishing a professional team.