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On The Presence Of An Appropriate Adult System

Posted on:2020-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YanFull Text:PDF
GTID:2416330572994212Subject:Procedural Law
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As the physical and mental development of minors is not mature,their rational judgment,behavior control and self-protection ability are obviously less than that of adults,and they are easily affected by the external environment and other factors to commit crimes.Though,along with the national economic and social development,the rule of law civilization in our country are increasing significantly on juvenile crime prevention work,the minor criminal case overall showing a downward trend year by year,but the amount of minor crime remains high,with the data of Zhejiang province as an example,in 2017 the province had dealt with5395 cases of juvenile criminal procurator organs for,the total number of minor criminal suspects involved up to 7708 people.At the same time,the physical and mental characteristics of minors also determine that they are easy to be the target of various illegal ACTS,including being subjected to illegal interrogation in criminal proceedings.It is widely accepted that minors are more vulnerable than adults,and the modern criminal justice system has recognized that age is a factor that should be treated differently from adults in criminal proceedings.In fact,juvenile suspects,defendants,victims,and witnesses are more likely to be attacked and hurt in a lawsuit than adults.What is worth our attention is that the psychological and physical vulnerability caused by age makes the minors involved more likely to provide some unreliable and misleading information to the police,or even make a confession of self-incrimination,thus directly affecting their own personal rights and interests.In order to ensure that the confession of a juvenile suspect is voluntary,Britain took the lead in asking that an adult be present when interrogating a minor.This rule was quickly adopted by countries around the world.In the practice and exploration,due to the absence of legal agent,inappropriate presence and other problems,the role of legal agent was replaced--suitable adults emerged at the right moment,and various countries began to have different regulations.In order to protect the minors and improve the juvenile justice system,China introduced the appropriate adult presence system as early as the early 21 st century,and many regions began to explore the system.After nearly two decades of exploration,China's appropriate adult presence system has made considerable progress,and some regions have issued their own guidelines.However,problems such as lack of legislation,big regional differences and dissimilation of institutional development still exist.Therefore,this paper discusses theappropriate adult presence system in China from four aspects.The first part is the legal basis and value of the appropriate adult presence system.From the applicable objects,the core connotation,basic guarantee as well as the fundamental purpose of four aspects,appropriate adult system refers to the present in order to protect the legitimate rights and interests of minors from illegal violation,in the case of minors shall have the right to a children's right,accompanied by adults,accept investigators interrogation and inquiry system,its legal basis has a fair trial,the principle of national consortium and children's best interests,at the same time,the system has the safeguard legitimate rights and interests of minors,the pursuit of realization of entity justice and guarantee the accuracy of punishing crime value;The second part is about the constitution and practice of the appropriate adult present system in China.The students intend to summarize the institutional framework of the present system of appropriate adults in China from the aspects of the applicable scope,the source and qualification of appropriate adults,the authority and support of appropriate adults.Then it discusses in detail the problems existing in the judicial practice in various regions.Firstly,the scope of application of the system and the differentiation caused by the principle of legislation exist in the applicable objects and stages.Secondly,the performance effect of appropriate adults is not good.In practice,the statutory agent who is placed in the optimal position by legislation does not play a protective role,and there are still problems such as unclear rights and responsibilities of appropriate adults,positioning errors,and lack of identity.Then,the selection of appropriate adults.In practice,the subject of the construction of suitable adults is not independent.At the same time,the selection of suitable adults in specific cases is the same.Finally,the supporting system is not perfect.At present,many corresponding supporting systems are not perfect,such as insufficient capital guarantee,incomplete supporting facilities,the establishment of a suitable adult training system,and the evidence obtained from the absent interrogation of appropriate adults is not included in the regulation scope of illegal evidence exclusion rule.The third part is the construction of the appropriate adult presence system in China.In view of various problems existing in practice in various parts of our country,students will put forward their own Suggestions on system construction in this part.
Keywords/Search Tags:Minors, Appropriate adult presence system, Juvenile criminal justice
PDF Full Text Request
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