An Empirical Study On The Appropriate Adult Participation System Of The Procuratorial Organs

The participation of the appropriate adult in the criminal proceeding provides a positive effect on the engagement in criminal lawsuit and the protection of the lawful rights and the interests of minors. The lingering questions and shortcomings are still present in the actual operation. The author delivered an empirical investigation into the application of the appropriate adult's participating system to the procuratorate of F district by means of interview and field investigation. Based on the empirical research, the author conducted the research on the present operation of the appropriate adult participating system in the procuratorate of F district. From the perspective of the present operation of the system, the author delivered an analysis of the problems of appropriate adult's participating system existing in the criminal judicatory links, and put forward countermeasures to improve the appropriate adult's participating system in the criminal judicatory links. The author hopes to contribute to the improvement of the appropriate adult's participating system and to the practice of criminal judice.The investigation report is divided into the following three parts:The first part of the thesis covers the basic information and the current situation of the operation of the appropriate adult participating system. It mainly consists of the participating and the recruitment scope of the appropriate adults, the confirmation of appropriate adult in a specific case, rights and obligations, the counterparty surveillance between personnel handling a case and appropriate adult.In the second part, the author analyzed the existing problems founded in the practice of appropriate adult's participating system. After the analysis of the relevant research data and the interview results with the personnel handling a case during the internship, it is founded that there are several problems existing in the operation of the appropriate adult's participating system:(1) The role orientation of the appropriate adult is far-fetched.(2) The specialization of appropriate adult is far from enough.(3) The disrespect to the right of choices of the crime-related minors.(4) The formalization of the appropriate adult participating.(5) The absence of training and appraisal mechanism.(6) The lax implement and the grand randomness of the current appropriate adult system.The last part is about the improvement proposals of appropriate adult's participating system. The author believes that the problems founded in the participating system operated in the F district are universal. Based on that, the author attempts to make the following five suggestions to improve the current situation:(1) Defining the roles of appropriate adult scientifically and rationally.(2) Defining the entry and exit mechanism scientifically and rationally.(3) Striking a right balance between the reality and the demands, and construct a “complementary rank between the full-time and the part-time appropriate adults”.(4) Giving the crime-related minors the choices.(5) The establishment of the treatment mechanism of the perverse application of the appropriate adult system.