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The Empirical Research Of Presence Of Appropriate Adult

Posted on:2023-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:L Y HuangFull Text:PDF
GTID:2556306914952639Subject:legal
Abstract/Summary:PDF Full Text Request
The system of The Appropriate Adult Presence has been highly valued by scholars at home and abroad because it is conducive to the protection of the legitimate rights and interests of the wrongdoing minors and has the characteristics of promoting the process of interrogation proceedings.Although China followed the trend of reform and wrote the system of The Appropriate Adult Presence into the law when the Criminal Procedure Law was revised in 2012,the lack of principle and practicality in the legislation has led to many problems in the operation of The Appropriate Adult Presence in practice.In order to have an in-depth understanding of the implementation of The Appropriate Adult Presence system in practice,and to objectively evaluate the actual effect of The Appropriate Adult Presence system,this paper conducted an in-depth research with K,Y and S counties in C city and H and Z counties in B city as the research areas.Questionnaires,interviews,file reviews,and field squatting methods were mainly used in the research.By integrating and analyzing the research data,it was found that there are many common problems in the operation of the system of The Appropriate Adult Presence in the research areas,such as the lack of protection of the rights of wrongdoing minors,the "unsuitability" of appropriate adults,and the imperfection of the corresponding supporting system.In order to solve the common problems in the research areas and guarantee the practical effect of The Appropriate Adult Presence,the thesis puts forward five suggestions for improvement:strengthening the protection of the rights of wrongdoing minors,guaranteeing the quantity and quality of appropriate adults,clarifying the rights and obligations of appropriate adults,changing the judicial concept of the case-handling personnel,and perfecting the supporting measures,in order to build a complete system of operation,regulate the system as early as possible,and reduce the impact on the legal rights of wrongdoing minors.The purpose is to build a complete system,regulate the system as soon as possible,and reduce the infringement on the legal rights and interests of wrongdoing minors.
Keywords/Search Tags:Appropriate adults, A minor involved in a crime, Right to the presence of
PDF Full Text Request
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