Chinese Criminal Procedure Suitable Adult Participation System Research

Whether the young people can grow up healthily is related to the future of the country and the society,and the problem of juvenile delinquency is the top priority of the healthy development of the society.Although the juvenile criminal justice system in China is gradually improving,the current characteristics of juvenile crimes in China,such as "the number of juvenile criminal cases is large","juvenile criminals are becoming younger and younger",put forward higher requirements for the construction of the juvenile criminal justice system.Therefore,at the beginning of this century,the appropriate adult system was introduced and formally discussed in theory,and the appropriate adult system was formally established in 2012 in the revision of Criminal Procedure Law,in order to provide more safeguards for the minors in criminal judicial activities.Although suitable adult system has been implemented for more than 10 years in our country,but from the practical effect,it has not well integrated with domestic "judicial soil",and there are gaps between it and the envisioned at the beginning of this system."The principle of legislation,hollowing out","great differences in practice in various places","lack of corresponding system protection" and so on many problems,make our suitable adult system more of a formality,in vain.In view of the above many questions are still widely retained in the current minor criminal justice activities,this article is aimed at the appropriate adult system from the following aspects to discuss.The first part,starting from the basic concept and theoretical basis of suitable adult,analyzes the source of suitable adult system and its connotation under the current background.Then,the author expounds the value orientation of the suitable adult system based on the principle of the best interests of children and the theory of national parental rights,and summarizes the characteristics of the suitable adult system based on the existing laws,and explains that the suitable adult system has the power restriction and the protection of rights and interests.Finally,the relationship between suitable adult and legal agent is analyzed.The second part,focusing on the judicial practice situation of the suitable adult system in different areas,summarizes the specific measures of the suitable adult system in different areas,as well as the reflected practice of roles,the lack of specific functions and so on,analyzes the factors restricting the further development of the suitable adult system in our country from various aspects,enumerates the relevant problems and analyzes the causes.The third part compares the relevant extraterritorial legislation of the suitable adult system,including the United Kingdom(which is the birthplace of the suitable adult system),the United States,Australia,etc.This paper summarizes the similarities between foreign legislative experiences and legislation of appropriate adult in our country and analyzes and compares it,thus realizing the importance of clear scope of selection of appropriate adult,improving the performance standard and constructing relevant rights and obligations of appropriate adult around minors.The fourth part,aiming at the deficiencies of the above suitable adult system,puts forward concrete solutions.From the elaboration of legislation to the construction of specific systems,including the establishment of a professional team of suitable adults,the construction of reasonable rights and obligations system,the establishment and improvement of the organization structure and working mechanism of suitable adult institutions are put forward some suggestions.