The Research Of The Presence Of Appropriate Adult

2012 of the revised criminal procedure law without precedent will be minor criminal cases the implementation procedure of a single section, a detailed list of a series involving did not apply in cases involving minors judicial procedure, including adult suspect agent ad litem scene from the original "notice" to "should notice" and more emphasis on the judicial authority and social protection of the legitimate rights and interests of the criminal suspect to juvenile. In the implementation of the system of the legal representative of the minor criminal suspects, due to the absence of the legal representative of the system in the implementation of certain resistance, can not reflect the original intention of the establishment of the system. Therefore, the introduction of appropriate adult scene system without delay. The right of the right to use the legal representative is to protect the legitimate rights and interests of the minor criminal suspects.To perfect our country of the appropriate adult presence system, it should be from the following five aspects to proceed: A, the introduction of judicial interpretation or implementation details, clear selection criteria. Appropriate adults are equivalent to the proceedings of the supervisor, therefore, the appropriate adult position must be neutral, at least in the process of the supervision of the program can not have any emotional color, do not make a move to any party. Two, the selection of appropriate adult should have a certain priority. In order to ensure that the system is set up, the purpose of the case is to be better reflected, the legal representative of the scene should be the first choice, not to improve the efficiency of handling the case in a hurry to enable the appropriate adult scene system. If the statutory agent does not appear to be present, and from a better communication with minors, the purpose of starting, should be a priority to choose a relatively close relationship between the minors or organizations. Three, appropriate adult scene should be implemented in the proceedings of the beginning, and as far as possible with the synchronization. In addition to special circumstances, the first phase of the appropriate adult can not continue to participate in the proceedings, otherwise it should not change the appropriate adult, can not make minors to the scene of the system is only for their.Four, suitable for adults to enjoy the supervision of the right, in order to effectively improve their participation in the proceedings, and to promote the legitimacy of the evidence act. Five, the appropriate adult not to participate in the proceedings of the evidence effect should be treated differently. Appropriate adult attended the ultimate success of the implementation of the system ultimately depends on the effectiveness of evidence to reflect, if there is no appropriate adult presence and evidence effect are the same, the system have such as useless. The distinction between the level of evidence, in order to make the appropriate adult system to be better implemented.