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On The Appropriate Adult Participation System

Posted on:2017-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:W Q ZhangFull Text:PDF
GTID:2296330485963920Subject:Law, litigation law
Abstract/Summary:PDF Full Text Request
The appropriate adult participation system is an important system of juvenile justice. Its goal is make the third person as a neutral role to participate the case. The system applies more widely in foreign countries, for example in the United States, Britain, New Zealand, Japan, as well as Hong Kong and Macao of our country. These region shave relevant laws and regulations of the system. Since the system introduced in our country, there has been more than ten years. The modified criminal procedure law in 2012, Clearly added this system. The is a huge progress for juvenile judicial system in China. Although during this period both in the aspect of legislation and judicial practice level have made obvious progress,but taken together, the appropriate adult participation system still exists many defects. There search significance of the article is to through comparing the appropriate adult participation system in the exploration of local experience, find out the imperfect aspects and defect, and put forward some pertinent thought according to the problem, promote to build up and perfect the system in our country, finally service the ultimate goal which is safeguarding the human rights of minors involved sin.This article includes four parts, the first part is about the appropriate adult participation system of the concept, origin and legislative changes and research value, mainly from the macro to introduce appropriate adult system, its purpose is to form a preliminary rational knowledge of the system. The second part introduces the applicable objects of appropriate adult in our country, such as selection scope, participating in the work procedure, etc.On the basic.make the analysis and comparison. The third part according to current situation of domestic practice, analysis out some defects. Such as the selection of appropriate adults lack legal professional, the scope is not clear. The role of neutrality is difficult to guarantee. The participate stage is not unified, the specific working process is not standard, and the management, evaluation and training mechanism is not perfect, etc. Through these aspects to demonstrate the necessity of perfecting the system。The fourth part in view of the problems in present system of appropriate adult on the judicial practice, put forward some thinking to improve our country appropriate adult system. Including clear the concept of scope, qualification, selection conditions, basic functions, and participate in the litigation stage. Standard the seting up of specialized agencies, specific procedures and processes,to promote the development of the appropriate adult participation system in our country.
Keywords/Search Tags:The appropriate adult participation system, minors, Criminal procedure
PDF Full Text Request
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