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Research On Appropriate Adult System

Posted on:2022-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiongFull Text:PDF
GTID:2506306737497984Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Minors are the future of a country and the hope of a nation.Because of the physical and psychological particularity of minors,all countries in the world have set up juvenile justice systems,in the judicial field,minors are given special treatment different from adults and the judicial procedure is set up.The appropriate adult system is a special judicial system set up to protect the legitimate rights and interests of minors suspected of committing crimes after they enter criminal proceedings,and is an important part of the juvenile justice system with Chinese characteristics.At present,article 281 of the <Code of Criminal Procedure >only stipulates it in principle,<Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China>、<the Rules of Criminal Procedure of the People’s Procuratorate >and other judicial interpretations of the system are not perfect,there is no uniform standard and guidance in the application of the system in judicial practice,which leads to many problems in the implementation of the system although it has been established in criminal proceedings.Based on the protection of minors and the development of juvenile justice in China,it is imperative to perfect the system of appropriate adult.On the basis of the existing research results in the academic circle,this paper starts with the status quo of judicial practice of the appropriate adult system and learn from the relevant experience of the appropriate adults and similar systems in foreign countries and regions,this paper puts forward some opinions and suggestions for improving the appropriate adults system in China.This article is divided into five parts.The first part is an introduction;the second part is an overview of the appropriate adults system;the third part starts from the current situation of legislation and practice of the appropriate adults system,and analyses and summarises the problems of the appropriate adults system in China at the present stage;the fourth part is an introduction and reference of the appropriate adults system and it’s similar systems in overseas countries and regions;and the last part is to propose targeted solutions and improvement measures to the problems of the appropriate adults system.
Keywords/Search Tags:Appropriate Adult, Criminal Procedure Law, Juvenile Justice, Protection of Minors
PDF Full Text Request
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