A Study On The Participation Of Appropriate Adults In Juvenile Criminal Proceedings

In recent years,Chinese society has entered a period of transformation.The social contradictions accumulated during the transition period have increased the crime rate of minors.Juvenile criminal suspects are younger,and are less mature than ordinary adults in terms of psychology and physiology.Therefore,in the face of interrogation by powerful public security judicial organs,anxiety,fear,and loneliness often occur.Legitimate rights are extremely vulnerable to violations by public security and judicial organs.After sixteen years of developments,the system of suitable adult participation has become increasingly mature in China,but there are still urgent problems to be solved.In addition,the author found through the data collection that the previous research was mainly based on theoretical research.With a certain area as the entry point and through the study of the development status of the system in the region,and then doing a research on the development of suitable adult participation system in the country are rare.Therefore,this article passes the empirical investigation of W city,W district of S Province.By analyzing the problems and causes encountered by the appropriate adult participation system in the W city,W district of S province,the author will put forward suggestions for China's suitable adult participation system.This article contains the following four parts:The first portion presents the theoretical basis and litigation function of suitable adult participation system.This part contains two aspects,namely the theoretical basis and litigation function.The theoretical basis of suitable adult participation system is mainly discussed from two aspects:national parental rights theory and the principle of the best interests of children.The litigation function of suitable adult participation system is discussed from three aspects,namely,supervising the case handling organs to interrogate in accordance with the law,alleviating the psychological pressure of the minors involved,and educating,probating,and rescuing the minors involved.The second portion presents the current situation and problems of suitable adult participation system by taking W district,W city of S province as an example.This section introduces the implementation status of the appropriate adult participation system in the W district,W city of S province areas from the four aspects of the application object,application stage,scope,rights and obligations,and application effects of the system.Then the author will elaborate the problems arising from the practice of suitable adult participation system in practice.The problems include:the minor's right to choose is not given due attention,the right to communicate with the minor involved is deprived of the right to communicate before interrogation,the quality of a suitable adult team cannot meet actual needs,the appropriate adult participation system is improperly connected with the guilty plea punishment leniency system.The third part analyzes the causes of problems in the system of suitable adult participation for the problems mentioned in the second part.This part mainly analyzes from legislative,judicial and social aspects.The legislative level mainly refers to gaps in relevant regulations,which mainly include gaps in laws.Judicial level mainly refers to the misunderstanding of the role of the appropriate adult in the case-handling agency.The social level mainly refers to the insufficient support of suitable adult participation system.The fourth part puts forward the perfect suggestions of suitable adult participation system for the problems raised in the second part.First of all,giving the minors involved the right to choose suitable adults and clarifying that the minors involved have the right to choose the appropriate adults.Secondly,guaranteeing the right of communication between suitable adults and minors involved before interrogation and trial procedures.On the one hand,we must guarantee the time for the minors and the appropriate adult to communicate.On the other hand,it is necessary to clarify the way of communication between the minors and the appropriate adult.Thirdly,improving the quality of suitable adult teams.On the one hand,we must improve the selection criteria for suitable adults.On the other hand,we should expand the selection scope for suitable adults.Finally,we must increase the training of suitable adults.Fourth,we should clarify the relationship between the appropriate adult participation system and the guilty plea punishment leniency system.We should take efforts to link the appropriate adult participation system with the guilty plea and leniency system.