Discussion On The System Of Admission To Adults

As China’s development and improvement of the juvenile justice system, theprotection of minors ’ lawful rights and interests of much theoretical and practicalimportance. In recent years, the juvenile crime rate remains high, in conflict with thelaw the legitimate rights and interests of minors affected by violations often occur,particularly in the relatively closed interrogation stage, juvenile suspects theconsciousness and ability of self-protection is weak, tend to be "beat", once the casehas taught us a profound lesson in chaohu Lake.So how to avoid violations of minors ’ lawful rights and interests of thecriminal procedure, while achieving education for minors in conflict with the law,probation and saving is needed to solve problems, examination of appropriate-adult’swhen there is such a system. This article is divided into four sections, starting fromthe theoretical analysis, first of all, introduce the concept of a system ofappropriate-adult’s participation in, and with the presence of the counsel-presentsystem and guardians the right to introduce the Association and difference between,clarified the meaning of appropriate-adult’s participation. State theory of parentalauthority, child welfare, education, criminal theories as the theoretical basis ofconstructing the system of appropriate-adult’s participation. Valuegoal of theelaborated system of appropriate-adult’s participation, namely two-way protection,procedural fairness, judicial democracy. Second, to introduce China’s existing systemof appropriate-adult’s participation status, mainly from the Dragon, Shanghai, Tongan applicable model in the three places, comparison analysis, lessons learned, andfound the system of appropriate-adult’s participation in issues of legislative andsubstantive dimensions need to be improved. Again, the stated necessity of needs toperfect the system of appropriate-adult’s participation in China: perfecting thejuvenile criminal procedure system; foreign minors and rear children equalprotection demand proper balancing of interests under criminal control pattern; fulfiltheir relevant international Convention for the protection of juvenile justice. Finally,the programme of improving the system, including constructing reasonable selectionmechanism, enhancing fit adults present during the questioning of the relevance,perfecting the system of supporting facilities and so on, to programme specific andfeasible.