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An Emprirical Study On The Appropriate Adult Participation System

Posted on:2016-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:C R WangFull Text:PDF
GTID:2296330482966632Subject:Law
Abstract/Summary:PDF Full Text Request
Minors is a special social group, their mental development is not sound enough, need special protection. How to punish crime and protect minors litigation rights of the criminal suspect has become the theoretical circle and judicial circle one of the important research topics of concern. The appropriate adult participation system has been widely used in western countries, it is to protect minors’ legitimate rights and interests of the alleged crime an important system.In the 1996 revision of the criminal procedure law in our country has a similar regulation, is often said that the system of legal representative to be present. The criminal procedure law in 2013 increased the minor criminal case proceedings, to carry out the "education, punishment subsidiary" principle, embodies the influence, the policy of education, save and has important practical significance. Law article 270 formally established the appropriate adult participation system, it is to a significant modification of the criminal procedure law, the system has been in many places have imposed, but any system formulation and its operation in practice has its inherent defects, the establishment of appropriate adult participation system also has certain limitations. The purpose of this study was based on mature abroad study of the appropriate adult participation system, and combining with T county of yunnan province to handle criminal cases of minors work reality, analyses the current T county of yunnan province the problems existing in the appropriate adult participation system operation, and puts forward relevant countermeasures, so as to better serve the suspected criminal minors’ rights.This article is composed of the following sections:The first part:the appropriate adult participation system overview. Mainly introduces the origin of the system, the meaning, theory support, in the meaning of existence, in order to rationally to form a preliminary understanding of appropriate adult system.The second part:the appropriate adult participation system at home and abroad is introduced and compared. Through to the Anglo-American law system and continental law system, the essay discusses the appropriate adult participation system of our country and comparison.The third part:the practice of the appropriate adult participation system T county in yunnan province and the deficiencies.The fourth part:improve the job of T county of yunnan province adults to participate in appropriate advice.
Keywords/Search Tags:children’s best interests, Juvenile justice, Appropriate adult, The empirical researeh
PDF Full Text Request
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