重庆市y区合适成年人参与制度实证分析-an empirical analysis of appropriate adult participation system in y district of chongqing.docxVIP

重庆 重庆市 Y 区合适成年人参与制度实证研究 西南政 西南政法大学硕士学位论文 PAGE PAGE 3 PAGE PAGE 4 Abstract It is generally believed that the appropriate adult participation has embodied in the Criminal Procedure Law of the People’s Republic of China before its modification in 2012. The problem is that its concept was not clear, the provisions of law was not specific, as well as conflictions and contradictions existed in different laws and regulations, resulted in operating difficulties in practice and, therefore, despite the appropriate adult participation system has tried out in China for a long time, its development is relatively slow. With the modification in 2012, article 270 of the new Criminal Procedure Law made a more clear and specific stipulation for the appropriate adult participation. For effective docking, corresponding system has carried out across the country. This paper takes the appropriate adult participation system in Y district, Chongqing municipality as the research object, based on its current situation, analysis the problems meet in its development process under the new legislation background, and puts forward corresponding perfecting suggestions. This article is divided into three parts: The first part is the introduction of the implementation background and current situation of the system in Y district, Chongqing municipality. Regarding the implementation background, there is a stringency need for appropriate adults in judicial practice, for there are many ecdemic students and left-behind children in Y district, and many of them are suspected of crimes occasionally. Regarding the pattern of appropriate adult participation, Y district has chosen the supplementary mode and the full participation mode on narrow sense. The innovation of the system in Y district is mainly reflected in its participation range and stage of the appropriate adult can be both restricted and expanded; the supervision between appropriate adult and judicial official has been changed from one-way to