An Empirical Study On The Appropriate Adult Presence System

When faced with a powerful judicial organs,the minor criminal suspects or defendants often incomplete because of age small,mental and cultural level is low,isolated,need appropriate adult present to give support and help,appropriate adult present system in protecting the legitimate rights and interests of minors a criminal suspect or defendant under the call of the arises at the historic moment.The new criminal procedure law was revised in 2012,and the appropriate adult presence system was formally established in China.However,due to the lack of specific implementation rules,there are many problems in the actual operation of this system.This paper takes Y county,wenshan prefecture,yunnan province as an example to explore the appropriate adult presence system.Through the analysis of relevant normative documents and the actual operation status,it is found that there are many problems in the operation of the appropriate adult presence system in Y county.One is that in cases involving minors,the presence of appropriate adults is required,which increases the judicial cost.Second,due to the lack of specific provisions and systematic training for suitable adults,suitable adults do not know how to perform their duties,leading to the situation of passive performance;Third,the role positioning of appropriate adults is not clear,both the juvenile suspect and the appropriate adults think that appropriate adults are the people who assist the case handling authorities;Fourth,the legal effect of appropriate adult intervention is not clear.The first reason for these problems is the omission of normative legal documents.The second is the lack of the mandatory implementation of the party committee and government;Third,under the influence of "minor criminal procedure",the introduction of the system deviates from the legislative intention and value orientation of the appropriate adult presence system;Fourth,economic development hinders the implementation of the system.To solve these problems,puts forward several ideas to improve the system of appropriate adult present,clear system in Y county should construct meaning and value on the basis of,make up for the defects of normative legal documents,to perfect the public security organs,courts and appropriateadult supervision measures,at the same time improve the standardization and professionalization construction of appropriate adult itself.