Study On The Improvement Of The Appropriate Adult System In China

As an important part of the special procedures for minor criminal proceedings,the appropriate adult system is taking the maximization of the interests of minors as the value orientation.The appropriate adult system allows the presence of a third party.The appropriate adult system is not only a requirement of procedural justice,but also an implement of the principle of the child’s best interests.At the moment when the absence of family guardianship is becoming increasingly prominent,it is of great significance to our country.Since the establishment of the appropriate adult system in China,preliminary results have been achieved through practical exploration in various places.However,due to the lack of details of laws and regulations,the operation is chaotic in practice,exposing many problems.This paper discusses the appropriate adult system in China,and hopes to provide suggestions for the development of the system.This paper is divided into five parts:The first part gives an overview of the appropriate adult system.Through the analysis of the system connotation,theoretical basis and value,the necessity of building and improving the appropriate adult system is clarified.The appropriate adult system originated in the United Kingdom and was given new connotation after it was introduced into China.The establishment of the system is not only the result of absorbing the concept of international juvenile justice,but also the embodiment of the local juvenile justice concept.The system has important values.The second part analyzes the legislative and practical status of the appropriate adult system in China.Through the analysis of the relevant provisions in laws,regulations and judicial interpretations,it is found that the Criminal Procedure Law only provides principled provisions for this system.Although the judicial interpretations further supplement and improve the system,the provisions are still chaotic.The analysis of the practical status is carried out by searching for cases and related materials.The analysis found that the implementation of systems in different regions varies greatly,the appropriate adult plays a limited-effect role and is becoming a mere formality.The judicial authorities have different ways to deal with the ability of evidence in the interrogation records obtained in violation of the appropriate adult system.This paper also analyzes the selection and management mechanism of the system.The third part analyzes the problems and causes of the appropriate adult system in China.Based on the investigation of the status quo,five problems are summarized: the role of appropriate adults is unclear,the lack of minors ’rights to choose refuse,the imperfect time for appropriate adults to intervene,the unclear legal consequences of the absence of appropriate adults and the imperfect selection and management of appropriate adults.To analyzes the causes of these problems,this paper puts the system in the context of juvenile justice in China and concludes three underlying causes: the status quo of the "little adult" model of juvenile justice in China,the absence of a systematic and perfect state guardianship system and the construction of the juvenile justice social support system is at an early stage of development.The fourth part examines the operation of the appropriate adult system in other countries from an extraterritorial perspective.The investigation of the relevant systems of the common law system is represented by UK and Australia.For the civil law system,the relevant systems of Austria and Germany are analyzed.And then compares with the operation of our system in order to provide inspiration for the development and improvement of the appropriate adult system in China.In the fifth part,combined with the above issues and theories,five suggestions are made for improving the appropriate adult system: the first is to define the role of appropriate adults;the second is to define the rights of choice and refusal of minors;the third is to advance the intervention time of appropriate adults;The fourth is to clarify the legal consequences of the absence of appropriate adults;the fifth is to improve the selection and management of appropriate adults.