Appropriate Adults To Participate In The Interrogation Study

Appropriate adults to participate in investigation and interrogation is an important part of the appropriate adults to participate in the system.It refers to the right of the minor criminal suspect to be accompanied by an appropriate adult to participate in the investigation and interrogation on behalf of the minor criminal suspect when the public security organ conducts criminal investigation and interrogation on behalf of the minor criminal suspect.In the investigation and interrogation,appropriate adults are mainly responsible for helping to communicate,soothing the emotions of juvenile suspects,supervising the organs handling cases to conduct legal interrogation and witnessing the legitimacy of the whole interrogation process.It is neutral and independent in investigation and interrogation.There are three typical modes of appropriate adults to participate in investigation and interrogation in China: pan long mode,Shanghai mode and Changing mode.The three models are all the results of the localization after learning from the British appropriate adult participation system,and there are differences in the rights and obligations of the appropriate adult,the process of participation,and the legal effect of participation.Through the analysis of the connotation and evolution of the system of appropriate adult participation,and the enlightenment from the experience of appropriate adult participation in investigation and interrogation outside China,this paper analyzes the problems in the process of appropriate adult participation in investigation and interrogation in China and puts forward the improvement methods.Britain’s appropriate adult participation system is the most perfect,and there are relatively systematic regulations on the selection and appointment of appropriate adults,the organization and the process of participating in investigation and interrogation.In Australia,the legal effect of adult interrogation friends participating in investigative interrogation is relatively clear.Russia’s teachers participate in interrogation rules highlighted in as appropriate adult responsibilities in the investigation of interrogation and Austria reliable personnel involved in the investigation of interrogation rules in order to ensure appropriate adult is famous for its ability to participate in,to give a reliable staff enough time to arrive,make it as far as possible to participate in the investigation of interrogation of the suspect for minors.The maintenance of the trust relationship between an adult criminal suspect and the appropriate adult,the protection of the independence of the appropriate adult in the investigation and interrogation,and the application of procedural sanctions after the violation of the rules for the participation of the appropriate adult in the investigation and interrogation have provided references for the improvement of the participation of the appropriate adult in the investigation and interrogation in China.Appropriate adult accompanying is an important right of juvenile criminal suspects in investigation and interrogation.Starting from the structure of rights,we can find out the possible problems of appropriate adults in investigation and interrogation in China from the content of rights,implementation of rights and protection of rights.The choice of minor criminal suspects is an important content before investigation and interrogation.The priority of legal representative’s presence may violate the choice intention of juvenile criminal suspects,and the choice of appropriate adults is also alienated to the choice of the case handling agency,with less choice space.The standard of the objection right of the juvenile criminal suspect to the appropriate adult candidate is also relatively principled,which is not conducive to the operation.The enforcement of the rights of minors in investigation and interrogation depends on the participation of appropriate adults.Notice of the presence of the appropriate adult in the investigation and interrogation difficult to play a substantial role.Appropriate adults cannot communicate with juvenile suspects without case handling personnel,which cannot promote juvenile suspects’ trust in appropriate adults.Due to the role confusion caused by the extensive sources of appropriate adults,appropriate adults tend to be biased in the investigation and interrogation,and cannot maintain neutrality and independence.Appropriate adults do not have a strong sense of participation in the investigation and interrogation,and the investigation and interrogation are conducted under the leadership of the case handling organs,so the presence of appropriate adults is a serious problem.Finally,the legal effect of appropriate adults participating in the investigation and interrogation is also relatively lax,which neither stipulates the legal effect of violating the presence priority of legal agents,nor clearly stipulates the evidence effect of oral testimony formed by appropriate adults on the presence.The perfect way for the appropriate adults to participate in the investigation and interrogation can be carried out around the concept of national parental rights,the principle of the best interests of minors and the principle of due process.In the theoretical basis of the concept of national parental right,legal agent is not necessarily the best representative to safeguard the legal rights and interests of minors.Under the premise that the legal agent is unable to perform his duties or performs his duties improperly,the priority of the legal agent’s presence can be broken and the legal agent’s exclusion mechanism can be established.Under the requirement of the principle of the maximum interest of the minor,the restriction of the right of choice of the appropriate adult by the case handling organ and the refinement of the rules of the right of objection by the minor criminal suspect will help the minor criminal suspect to exercise the right of choice effectively.Before the investigation and interrogation,it is necessary to provide a place for the appropriate adults and minors to communicate independently.The establishment of two-way supervision rules between appropriate adults and interrogators can strengthen the sense of participation of appropriate adults in the investigation and interrogation and better protect the rights of minors.Procedural legitimacy requires procedural sanctions against the presence priority of legal agents,the application of the rule of excluding illegal evidence,and the confirmation of the evidence effect of oral confession formed by the participation of appropriate adults in investigation and interrogation are important ways to improve the evidence rules for the participation of appropriate adults in investigation and interrogation.