新论合适成年人参与制度

A New Discussion on the System of Appropriate Adult Participation

合适成年人参与制度是在儿童本位主义与未成年人利益最大化原则基础上建立起来的,2013年最高检颁布"新未成年人规定"较之新刑诉法,明确提出的"合适成年人"概念、赋予未成年人有限拒绝权等,但现有法律仍存在未成年人选择权不充分、合适成年人与法定代理人主体关系模糊等不足,特别是辩护律师能否充当合适成年人争议很大,将来可以从转变立法观念、制定统一的产生与奖惩规范、增强非法证据排除效果、尝试引进律师在场等方式寻求解决。

The system of Appropriate Adult Participation is based on the idea of children＇ s selfish departmentalism and the principle of maximizing the child＇ s benefits. In 2013, new regulations about juvenile delinquency issued by The Supreme People＇s Procuratorate, put forward the ＂appropriate adult＂ explicitly, give limited right of collection to the child and so on. However, there are still many shortcomings in the law, for example, the right of collection is not sufficient, relationship of appropriate adult and statutory agents is vague, especially the question a- bout whether the lawyer could act as the appropriate adult is disputed. As a result, we can find solutions from chan- ging legislative concept, formulating unified legal norms, increasing the judicial remedy systems, and other methods.