On The Appropriate Adult To Participate In Thecriminal Procedure System

In recent years,with the prominent problem of juvenile delinquency,juvenile criminal justice has gradually become a hot topic of theoretical and practical circles.How to prevent and punish juvenile delinquency according to the physical and mental characteristics of juveniles has become a social topic.The system of appropriate adult participation is an important part of juvenile criminal justice.It originated in Britain and was introduced into China at the beginning of the 20 th century.The new Criminal Procedure Law of 2012 clearly stipulates the system.However,due to the lack of theoretical research and the lack of specific operational norms in China,the practice of the system has brought many difficulties.This paper attempts to make a systematic study of the system and explore the establishment of a relatively system of appropriate adult participation.The system of appropriate adult participation began in the famous case of Kenfeld in 1972.It is called the "unique British invention".It plays a role of supervising trial,assisting communication,dealing with emotions and helping education.It has the value of protecting human rights,procedural justice,power restriction and litigation efficiency.It has been used for reference and transferred by many countries.Since the 1980 s,the situation of juvenile delinquency in our country has been grim.The rapid social transformation and fission have brought about the dilemma of absence of legal agents in many cases involving fewer crimes,which has led to the problem that it is difficult to protect the rights and interests of juvenile delinquents.With the development and suitability of juvenile criminal justice protection system in developed countries under the rule of law Promoted by the practice of appropriate adult system,the "China-Europe Juvenile Justice System-Appropriate Adult Participation System Symposium" held in Shanghai in 2003 has become a major event to promote the introduction of the appropriate adult participation system into China.Since then,in judicial practice,we have explored the "Shanghai Model","Panlong Model" and "Tongan Model" respectively,and achieved certain results.However,due to the late start of the system in our country and the imperfect legislation,there are a series of problems in judicial practice,such as the status of appropriate adults in criminal proceedings is not clear,the selection criteria,work flow,security system is missing.In view of the above problems,we should improve and perfect the legislation and supporting system.Firstly,it is necessary to clarify the right of independent litigation,the right to know the case,the right to discuss and communicate with the minors involved,the right to supervise the unfair interrogation of the case-handling organs,the right to confirm the signature after each participation and the corresponding obligations;Secondly,according to the different stages of criminal proceedings,establish and improve the appropriate adult participation in the investigation,prosecution,trial activities of the specific process;Finally,the system of selecting and supervising appropriate adults should be improved and perfected.We can construct unified and perfect conditions for selecting appropriate adults from the aspects of age,sex and professional knowledge background,flexibly adopt a part-time and full-time compatible mode,and attach the supervisory organs suitable for adults to non-judicial administrative departments or Youth League committees.Under the judicial organs,it is also necessary to establish an appropriate adult rights and interests protection system to enhance the enthusiasm of appropriate adults to participate.Generally speaking,China's appropriate adult participation system is still in the exploratory stage,but this system is consistent with our advocacy of harmonious justice,active judicial theory,is the guardian of the rights and interests of juvenile suspects,but also the need to improve our juvenile justice system.