Empirical Research On Suitable Adults Participation System

The appropriate adult participation system is a system that provides support and assistance to minors in the process of interrogation and trial by the appropriate adult participation,supervises the activities of judicial organs,and fully protects the legitimate rights and interests of minors.In dealing with juvenile delinquency criminal cases,China has always adhered to the policy of education,persuasion and salvation,adhered to the principle of education-based,supplemented by punishment.The new Criminal Procedure Law of2013 basically established a suitable adult system in China,filling the gap in this field,but because of the system in me.The development time of our country is relatively short,and the legal provisions do not refine the system,resulting in many problems in judicial practice.From the perspective of suitable adult participation system in Q District of N city,this paper analyzes the development and problems of suitable adult participation system under the new background,and puts forward corresponding countermeasures.This article will be divided into five parts:The first part clarifies the concept and origin of the appropriate adult participation system,and expounds the value basis of the appropriate adult participation system.First,protect the legitimate rights and interests of minors;second,it realizes judicial justice;third,it effectively restricts power;fourth,it educates and rescues minors.At the same time,it analyzes the connection and difference between suitable adults and legal representatives.The second part,taking Shanghai mode,Xiamen Tong'an mode and Yunnan Panlong mode as examples,expounds the current situation of the implementation of the suitable adult participation system in China,introduces the current situation of the implementation of the suitable adult participation system in Q District of N city,and analyzes 100 juvenile criminal cases randomly selected from the people's court of this district.Subsequently,the implementation details of the appropriate adult system in the district were summarized.The third part introduces the problems in practice of the suitable adult participation system in Q District of N City.First,it fails to implement the principle of the best interests of children;second,the scope and conditions of the suitable adult selection are not clear;third,the formalizationof the appropriate adult presence is serious;fourth,it ignores the legal consequences and relief measures;fifth,it is appropriate.The relevant laws and regulations of adults are not perfect.The fourth part introduces the basic situation of the appropriate adult participation system in Britain,the United States,Australia,Russia,Japan,Austria and other countries,and expounds the differences between the appropriate adult participation system at home and abroad from the aspects of the selection,professionalism,participation purpose and so on.The fifth part puts forward opinions and suggestions on perfecting the suitable adult participation system.Firstly,it perfects the operating mechanism of the suitable adult participation system;secondly,it clarifies the subject scope and selection conditions of the suitable adult;Thirdly,it enhances the operability of legislation;fourthly,it corrects the formalization tendency of the suitable adult presence;fifthly,it is subordinate.Legal consequences and relief measures are stipulated in law.