Investigation Report On Appropriate Adult Participation System Of H District Procuratorate Of W City

The system of appropriate adult participation is an important achievement of the reform of juvenile criminal justice in China.The theoretical research and practical exploration of this system over the years shows the firm determination of protecting the legitimate rights and interests of minors in China.With the establishment of the appropriate adult participation system in the form of legislation and extensive practice throughout the country,the problems in the judicial practice of this system are gradually exposed and need to be solved.In this paper,the grass-roots procuratorial organs to apply the practice of the appropriate adult participation system as the starting point,analysis of the appropriate adult participation in the process of procuratorial problems,and in-depth analysis of the causes behind the problem,thus put forward practical solutions.This paper is divided into four parts:The first part analyzes the current situation of appropriate adult participation system of H District Procuratorate in w City.In this part,the data of the procuratorate from 2017 to 2019 are reviewed to show the construction focus and operation of the appropriate adult participation system.The focus of the work of the system of appropriate adult participation in the procuratorate includes the construction of appropriate adult team and the specific working mechanism of the system of appropriate adult participation.The operation of the appropriate adult participation system in the procuratorate includes the basic information about the starting of the work of the appropriate adult,participating in the interrogation,the inquiry work,and participating in the helping and teaching link.The second part lists the existing problems in the system of appropriate adult participation in H District of W city.The main problems include:First,the connection between the participation of appropriate adult and the presence of legal representatives is not smooth.In judicial practice,the withdrawal mechanism of legal representatives is arbitrary and lack of force.Secondly,it is difficult for the appropriate adult to protect the rights and interests of the minors.The litigation rights of the appropriate adults are relatively limited,and the support they get is limited,which leads to the formalization of the working process of the appropriate adult.Third,the construction of appropriate adult team is not mature,the form of full-time job can not meet the needs,and it is difficult to establish an effective assessment mechanism.Fourth,the training effect of appropriate adult is not good,and the training of appropriate adult is difficult to meet the current needs in both form and content.Fifthly,the appropriate adult participation system is not enough to protect the juvenile victims and witnesses,and the special needs of the juvenile and the pollution of the source of the juvenile’s verbal evidence are not paid enough attention.The third part is to analyze the causes of the problems.Combined with the current academic research and empirical research on the work of H District Procuratorate in w City,this paper discusses the causes of the problems in the work of appropriate adults in the procuratorate.The main causes of the problem of appropriate adults’ participation in the practice of the system include: First,the system design does not reflect the basic concept of juvenile justice system.On the one hand,the absolute priority of the legal representative’s right to appear is not in line with the theory of state parental power.On the other hand,the participation of appropriate adults does not take the interests of minors as the highest value.Second,the judicial practice does not reflect the particularity of handling juvenile criminal cases.At the same time,the soothing function of the appropriate adults in the interrogation process is not fully realized.Third,the role of the appropriate adults is vague.As the "appropriate" of the legal agent,the appropriate adults has not been supported by the legal agent in judicial practice.The fourth part is the perfect conception of the appropriate adult participation system.Based on the problems in the process of adult participation in procuratorial work,combined with the analysis of the causes of the problems,this paper puts forward practical suggestions.The main ideas include:First,clearly define the litigation status of the appropriate adult,which is independent and neutral.Secondly,we should give the right of action to the appropriate adult,draw up the right of action for the appropriate adult according to the right of action of the legal representative,and give the right of the right adults to meet the minors alone.Third,we should build a professional team of appropriate adult and provide them with practical and effective professional training.Fourth,we should protect the litigation rights of minors in the procuratorial process,respect their right of choice,enhance the effective communication between appropriate adult and minors,and strengthen the protection of the victims and witnesses of young minors.