The Appropriate Adult Participation System

In the context of the gradual improvement of the protection system for the protection of minors, the increasing degree of protection and the increasing degree of protection of minors in criminal cases, the appropriate adult system has become an important criterion for judging juvenile justice systems. The study of the improvement of appropriate adult system in our country will help to improve the overall level of the protection system of minors in our country, which is conducive to the legal protection of juvenile right in juvenile criminal cases.The appropriate adult system was originally originated from the British Kenfetter case, which is the public's questioning the legitimacy and reliability of the judicial personnel and the reflection of the legal system of the protection of the rights of-minors. For the time being, although the system of appropriate adult system has been developed in many countries to form a sound system of security system, to protect the legitimate rights and interests of minors involved, but in our juvenile justice system is in its infancy, still need us through Continue to study to improve.The appropriate adult system was mentioned in the discussion of the draft amendment to the Criminal Procedure Law of 2012, which was widely concerned by the legal profession and called for the gradual establishment of a related protection system. Previously, the Criminal Procedure Law of the People's Republic of China The protection area has been lacking in the requirements for a appropriate adult system. In the academic and judicial practice of the common emphasis on the trend of protection of minors, 2013, "the People's Republic of China Criminal Procedure Law" changes,began to participate in the system of appropriate adult norms. At this point, opened another stage of the protection of the rights of minors in China, which is a major breakthrough in juvenile justice, marking the protection of the rights of minors in China.As the System in China's development time is horter, the implementation of the lack of experience, leading to the emergence of many problems. In order to solve this problem, this paper has made suggestions on the improvement of the system of appropriate adult participation in China on the basis of the existing research results. It is hoped that through the following five parts, we can make a modest contribution to the development of our law.The first part is the introduction, from the macro and the topic of research background, the significance of the study made a brief introduction to clear the focus of this study and direction.The second part, the introduction of the basic theory of appropriate adult participation system. This part mainly includes the basic system of the concept,theoretical basis, content and minors in the case of appropriate adults to participate in the place to play the function. Through the detailed description of the above, highlight the role of appropriate adults in minors cases and clarify the value of appropriate adult participation in the system.The third part mainly introduces the legal provisions of the system of adult participation in the system, the introduction of the classification of the situation, and on the basis of this comparison, summarize the advantages and disadvantages of different countries and regions. In this paper, we introduce the representative national laws from the perspective of Anglo-American law system and civil law system, and summarize the characteristics of the system of appropriate adult participation system in each country, and think about the existing problems of the existing juvenile protection system Direction of development.The fourth part, from the pilot work as the starting point for research, on the basis of our different pilot in-depth understanding of China's new criminal procedure law special procedures chapter in the appropriate adult participation system to be analyzed.Through the practice of comparison, summed up the pilot area of reform experience, to find the existing problems at present and the direction of future reform.In the fifth part, the author puts forward the corresponding solution for the research status and existing problems of the appropriate adult system in China. Clearly define the scope of the main body of the adult, determine the specific participants and the selection of conditions; standardize the details of the case involved in the process; at the same time improve the right of adults to suffer when the relief measures.The improvement of the system of appropriate adult participation in our country is a step-by-step process that is dynamic rather than immutable and fixed For our country, in order to build a perfect system of appropriate adult participation, the formation of a comprehensive system of protection of minors, but also the need for theoretical research and judicial practice with the coercion in the case of criminal cases involving minors more attention At the same time, as soon as possible to regulate the existing problems at the institutional level, to reduce the judicial practice of the legitimate rights and interests of juvenile abuse.