On The Perfection Of The Suitable Adult System In China's Criminal Procedure

China amended the Criminal Procedure Law in 2012,and for the first time clearly stipulated a suitable adult system.The “suitable adult system” refers to the public security and judicial organs interrogating and judging juvenile prosecutors,and when their legal agents are not available or should not be present,they are required to notify adults who meet certain conditions to intervene in criminal proceedings to perform supervision,communication,comfort,Education and other duties to protect the legal system of the legal rights and interests of juveniles.The suitable adult system helps to protect the legal rights and interests of criminals involved in criminal proceedings,helps the public security and judicial authorities to ensure the quality of cases,and also helps to truly implement criminal policies such as "education,probation and rescue".Real place.With the judicial application of a suitable adult system,some inherent problems have gradually emerged and deserve high attention.The problems of the system are mainly manifested in the following aspects: First,there is no clear stipulation on the selection criteria and selection procedures for suitable adults.The statutory selection criteria are too strict and mechanical,which is not conducive to attracting professionals as suitable adults.At the same time,the selection process is unreasonable,it is difficult to respect the autonomy of minors,and it isdifficult to protect the litigation rights of minors.Second,there is no extensive litigation right for the right adult.Due to their limited rights,suitable adults cannot effectively understand the case,express their opinions,fully communicate with judicial staff,and cannot really provide various help to juvenile prosecutors.Third,there is a lack of mechanisms to monitor suitable adults.When a minor prosecutor is violated by a suitable adult,he cannot defend his rights,and may even cause a minor prosecutor to be injured a second time.Fourth,there is no remedy for suitable adults who have been violated by the judiciary.The aforementioned problems are largely detrimental to the role of suitable adults in safeguarding the human rights of minors prosecuted,and may even lead to the formalization of the system of suitable adults.China should learn from the experience of foreign countries to improve the system of suitable adults.The following measures can be taken: First,improve the selection criteria and selection procedures for suitable adults.The focus is to expand the range of professionals who can serve as suitable adults,and make every effort to promote the professionalization and professionalization of suitable adults;at the same time,the individual wishes of juvenile prosecutors for the selection of suitable adults should be highly respected,and conditions should be established to establish dedicated responsible appointment Suitable for adults.Second,it gives broad rights to suit the right adults.Empoweringsuitable adults should be based on the litigant rights of the legal representative of a minor prosecuted person.Third,establish mechanisms to monitor suitable adults.To this end,it is necessary to impose certain legal obligations on suitable adults,establish special agencies to supervise and manage suitable adults,and establish a mechanism for accountability of appropriate adults.Fourth,the establishment of appropriate adult rights relief mechanisms.Relief can be provided to suitable adults by strengthening the legal supervision function of procuratorial organs,establishing relevant rules for the exclusion of illegal evidence,and strengthening the review function of the court of second instance.