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The Appropriate Adult Participation System

Posted on:2017-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J Z HeFull Text:PDF
GTID:2296330482498055Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
in recent years with the increase in juvenile crime cases, especially left behind in the number of children and street children, crime increases triggered a social anxiety, prevention and control not juvenile crime has become the important task of the state and society. But how to punish not minors also, effectively in the criminal justice activities security without adults of physical and mental health and the legitimate rights and interests has become a topic both in theoretical and practical circles. Since, our country in the handling of criminal cases of minors always adhere to the policy of "education, probation, save", adhering to the education is given priority to, supplemented by the principle of punishment. The principle and the principle of more reflected in the No adult criminal entity law protection aspects, not adults procedural rights protection is restricted or ignored.2013 years < Criminal Procedure Law > the protection of human rights included, the creation of a chapter in the provisions of minors criminal proceedings, thus increasing the minors in criminal proceedings in the protection, to further promote the China’s juvenile justice system.Appropriate adult participation system is an important system in the juvenile justice system, the system of the source in British Confait case, it through 2003, East China University of political science and law and British child protection organizations jointly organized the "China EU youth justice system of appropriate adult participation system" seminar, it caused a theory circles and practice circles attention widely. At present, our country < Criminal Procedure Law >, the Supreme People’s court and the Supreme People’s Procuratorate judicial explain for the appropriate adult participation system with only some of the more principled provisions and the practice is still in the pilot phase, based on the juvenile justice system in China’s own development and Countries of the protection of children’s rights and needs, the establishment of a set of complete the appropriate adult participation system is very necessary. Therefore, the author on the basis of the existing research results, to our country the appropriate adult participation system for further analysis, and they hope to be helpful to the construction of China’s juvenile justice system.There are five parts in this paper, through in-depth analysis of the appropriate adult participation system of basic theory, comparison research, investigation of the present situation and existing problems, reform and improve aspects of the appropriate adult participation system construction and development, from the system construction to the practice of the operation are put forward constructive suggestions.The first part is the introduction. First of all from the macro level analysis without adult crime, social background and legal policy, from improving the level of the juvenile justice system of extended out of the appropriate adult participation system. Followed by an overview of the domestic and foreign and the appropriate adult participation system of pointed out at the same time. The structure of this paper, pointing out the innovations of this paper.The second part to the appropriate adult participation system of basic theoretical research. This paper mainly introduces the meaning of appropriate adult participation system, characteristics, functions and theoretical basis. This part by more scholars on the concept of appropriate adult participation system, and then leads to the author’s own point of view, it is pointed out that the application object of the appropriate adult participation system for minors involved, the expansion of the appropriate adult participation system, the basic theory.The third part for comparative law from the perspective of the appropriate adult in inspection system analysis. Respectively, the Anglo American law system and continental law system more representative about the state of the appropriate adult participation system outline of legal system, which focuses on the appropriate adult participation system of country of origin, England. At the same time the two legal systems in the system to set up, applicable to the object and the scope of candidates on the difference and to expect from found in line with the experience in the practice of our country. Can be used for reference.The fourth part for the appropriate adult participation system investigation and analysis. Including the appropriate adult participation system historical evolution and status of investigation of the two. This part combing through the legal provisions of discusses the appropriate adult participation system changes in the legal system overview. Also to the appropriate adult participation system specialty practice area as an example(reference more to Panlong, Changning, Tongan three areas of practice), of the appropriate adult participation system status are outlined.The fifth part for China appropriate adult participation system, the existing problems and reform perfect. This part consists of two parts: Problems and suggestions. According to the present situation in the fourth part of the analysis of the appropriate adult participation system existence problem and to solve the concrete problems proposed relevant recommendations, the problems and suggestions are from the system construction and practice two aspects to discuss.
Keywords/Search Tags:Juvenile criminal procedure, Appropriate adult participation system, Juvenile justice system, Outside investigation, Reform and perfect
PDF Full Text Request
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