The Research Of The Presence Of Appropriate Adult In The Criminal Procedural

In recent years,more and more minors embarked on the road of crime,the crime rate continued to soar.Minors in society belongs to a special group,they have not developed enough mature,so for them,after being taken coercive measures,strong state organs are likely to be Infringement their rights.Therefore,when we establish the judicial system for this group,it is necessary to take into account this particularity and make this judicial system different form adults' so as to ensure that their rights and interests should be exercised properly.Appropriate adult presence system is one of the system that can reflect the particularity.The appropriate adult presence system requires the judiciary to notify or notify other minor protection organizations to dispatch a sufficient qualification to replace the appropriate guardian if the guardian is unable to attend the case in the trial of a minor suspect or a minor defendant Adults to help minors exercise their rights in litigation and to ensure that their rights are properly fulfilled.The appropriate adult presence system established in the Criminal Procedure Law of 2012,since the implement in 2003,the system has been practiced for more than ten years.However,in the practical practice of each region,gradually showing some shortcomings.Therefore,in order to improve the system,to strengthen the protection of the rights enjoyed by minors,to further adapt to the needs of judicial practice,making the system is becoming more perfect,the author make a variety of analysis.This part is divided into four parts.In the first part,the author makes a demonstration of the social significance of the system.In the second part,the author first elaborates the present situation of the legislation,followed by the formation of the current judicial practice.In the third part,through the comparison between the legislation and the judicial situation in the second part,the author draws some drawbacks of the system in the process of implementation.In the last part of the article,through the comparison of the former text,put forward the corresponding solution.