Study On Appropriate Adult Participation System In Juvenile Criminal Cases

In recent years,Chinese overall social environment has entered a developing and changeable environment with the accumulation of social contradictions intensified and the juvenile crime rate on the rise.The degree of psychological or physical maturity of juvenile suspects is generally lower than that of adults.Therefore,when facing the interrogation of the powerful national public security department and judicial department,they often appear nervous,anxious,afraid,lonely and even unable to express their meaning clearly,this is why their legitimate rights and interests cannot be well protected.For this reason,it is extremely important and crucial for a suitable adult to participate in the juvenile criminal proceedings,which is the need for effective protection of the legitimate rights and interests of the juveniles involved.China has experienced 16 years continuous development and becomes maturity in this system,but there are still many issues to be resolved.Apart from the preface and conclusion,this paper consists of four parts:The first part elaborates the theoretical basis and significance of the appropriate adult participation system.The theoretical basis of this system is mainly studied from three aspects: the theory of state parenthood,the principle of children’s best interests and the principle of due process.Appropriate adult participation mainly embodies in the meanings of criminal suit in improving litigation efficiency and saving judicial resources;suitable adult participation can provide psychological support and social assistance to minors;A suitable adult system is an important manifestation of judicial democracy..The second part analyzes the studies of representative foreign countries,such as Britain,Australia,Germany,Austria and so on.What’s more,analyzing the current situation and do some evaluation by taking the development of the regions as an example.The evaluations of overseas representative countries are the clarity of the orientation of the nature of appropriate adult rights;The rigor of qualification requirements for suitable adults;Certainty of the effectiveness of appropriate adult participation.The third part deeply analyzes the problems which exists in the proper adult participation in criminal proceedings.First of all,there are some obstacles to the establishment of a social trust relationship between suitable adults and minors,This leads to the choice of the minors involved can not get the attention they deserve,the right to communicate before enquiry between suitable adults and minors involved is denied.Secondly,there is an obvious formalization tendency to the participation of suitable adults,including the dislocation of the roles of suitable adults,the irregular setting of procedures for suitable adults to participate,and the lack of clear regulations on the legal consequences of the absence of suitable adults.Thirdly,it is insufficient for team building of suitable adults,including insufficient number of suitable adults;varying levels of participation of suitable adults.Finally,the supporting mechanism for suitable adult participation is imperfect,including the lack of material and time guarantees for suitable adult participation and the shortage of professionalism for suitable adult participation.The fourth part proposes and perfects new ways for suitable adults to participate in the criminal procedure system.First of all,we should promote the trust relationship between suitable adults and the minors involved,including giving the minors involved the right to choose suitable adults and we are supposed to ensure the communication between minors and suitable adults before trial.Secondly,we ought to reinforce the substantive role of appropriate adult participation,including clarifying the role of suitable adults;standardizing the program settings for suitable adults to participate in;expanding the scope of selection of suitable adults.Thirdly,it is important to improve the level of suitable adult team building,including reforming the selection and employment method of suitable adults;realizing the full-time development of suitable adults step by step.Finally,we should ensure the construction of supporting mechanisms for the suitable adult system,including ensuring the effective participation of suitable adults and strengthening the management of suitable adults.