论文部分内容阅读
新《刑事诉讼法》完善了合适成年人参与诉讼制度,但是从司法实务角度,目前的合适成年人在场制度法律效果较弱、配套设施不全,不仅未能解决法定代理人、律师以及其他合适成年人关系冲突的问题,而且缺乏一支稳定、有效的合适成年人队伍。建议从规则入手,强化合适成年人在场的法律效果,同时完善合适成年人队伍的建设工作,将律师排除出合适成年人范围,明确合适成年人的职责以及做好未成年人刑事案件的社会调查工作。
The new Code of Criminal Procedure has perfected the system of suitable adult participation in litigation. However, judging from the perspective of judicial practice, the present legal system for the presence of suitable adults is weak and the supporting facilities are not complete. It not only fails to solve the problem of legal representatives, lawyers and other suitable adults People conflict, but also lack a stable and effective suitable adult team. It is advisable to start with the rules to strengthen the legal effects of the presence of suitable adults and at the same time improve the construction of suitable adult teams, exclude lawyers from the scope of suitable adults, clarify the responsibilities of adults and do well in the social investigation of juvenile criminal cases jobs.