Study On The Appropriate Adult Participation System In China

In order to protect adequ actly the litigation rights of the juvenile criminal suspects,our country's law developed the appropriate adult participation system.The core idea of this system is:when the evidence refers to the juveniles,the case should be interrogated and judged in case they are companied by the appropriate adults.The push of this system offers procedural protection for the the litigation rights of the minors,proves the humanization characteristics of our country's law.It is special care that the governm ent and the society gi ves to the special group.The new revised ?Criminal procedure law?stipulate the " juvenile criminal procedure " in a seperate chapter,which make the group's justice system reach to a new step and the concept of juvenile judicature im plemented further.Combining the domestic judicial situation,fully refering to experience accum ulated by other countries when they promote relevant systems,the author in this paper analyses several problems faced by the appropriate adult system,puts forward related suggestions on this basis.This paper is divided into four parts:In the first part,Introduces the appr opriate adult part icipation system comprehensively,including the concept,legal basis and value goals of the appropriate adult participation system,summarizes the le gislation background,general situation and characteristics of the appropriate adult participation system in our country.The second part of the paper unders tands the status by introducing and comparing the legislative survey of the appropriate adult participation system between the two major legal systems of countries and regions.Thirdly,It reveals several problem s that are exposed or hidden in the implementation process of the appropriate a dult participation For example there are defects in the selecting mechanism of the app ropriate adults,the obligations and responsibilities of the appr opriate adults are ambigious,the participation tend to formalization,the m echanism lacks supervision and the co ordinated measures are difficult to achieve the desired effect.The last part is about suggestions to perfect our country' s appropriate adult participation system,There are several measures can be token to make this system to achieve desired effects according to real situation in China.“Mending a leak”for the appropriate adult participation;delimits rights,obligations and responsibilities for the appropriate adults;continuously consolidat e actural function of the appropriate adults' participation;establishes the monitoring mechanism of their participation and consummates the coordinating mechanism and so on.