Research On The Appropriate Adult Participation System In Criminal Proceedings

The appropriate adult participating system provides juveniles undergoing interrogation,trial and execution of punishment with support and help by means of appropriate adult participation,meanwhile,the system supervises the activities of judicial case handling authorities,so as to guarantee the legitimate rights and interests of juveniles.It is a lengthy legislative and practice for our country to set up the appropriate adult participation system.The current Criminal Procedure Law of our country provides the appropriate adult participation system and related content for the first time.The establishment of the system indicates that the protection of minors in criminal proceedings has reaches a new height.But it is a legal agent presence system more than a appropriate adult participation system,because there is a big gap between them.In order to establish a suitable appropriate adult participation system in China and protect minors legitimate rights and interests better,the author makes a system research and analysis in this paper.This paper is divided into four parts.Part One briefly summarizes the fundamental theory of appropriate adult participating system,expounds the origin and connotation of the system as well as the jurisprudential basis for the establishment of the system,clarifies that establishing and perfecting appropriate adult participating system not only conforms to the requirements of guarantee of juveniles' rights and restriction of powers,but also meets the value goal of justice and efficiency demand.Part Two carries out comparative study on the extraterritorial appropriate adult participating system.Through the investigation on the UK,the United States,Germany,Japan and other countries with relative mature appropriate adult participating system,it's found that there's no unified standard,universal applicable target or applicable stage for the system in the world,besides,standards and responsibilities for appropriate adults are also absent.Part Three carries out investigation on the development of the domestic appropriate adult participating system,sorts out the legislative status,practice situation and efficiency of the system,and analyzes the existing problems of the system,such as unclear orientation of the system,unreasonable appointment of appropriate adults and unspecific stipulations of rights and obligations.Part Four starts from the fundamental theory of the appropriate adult participating system,uses the extraterritorial systems for reference and puts forward corresponding suggestions as to the existing problems in the system in our country based on the practices of the domestic system,such as perfecting the appointment and management of appropriate adults,subdividing the rights and obligations of these adults,etc.,so as to contribute pygmy effort to the establishment of appropriate adult participating system with Chinese characteristics.