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修改后的新刑诉法第五编规定了未成年人刑事案件诉讼的特别程序,其中第二百七十条明确规定了合适成年人制度。合适成年人到场制度即刑事诉讼过程中,在对未成年人犯罪嫌疑人、被害人、证人进行讯问、询问时,其法定代理人不能或者不宜到场,由司法机关从其成年亲属、学校或者其他机构中指定人员到场代其行使诉讼权利的制度。新刑诉法中虽然增加了合适成年人到场制度,明确了他们的权利,但是规定的过于笼统,依然存在一些缺陷,本文笔者将结合办案实践就如何更好的完善合适成年人到场制度谈一些认识。
The revised new Criminal Procedure Law, Part V, sets out a special procedure for juvenile criminal proceedings, of which Article 270 clearly stipulates the system of suitable adults. Suitable adult arrival system that is criminal proceedings, in the juvenile criminal suspects, victims, witnesses for questioning, interrogation, the legal representative can not or should not be present by the judiciary from his adult relatives, schools or other institutions In the designated personnel to the scene on behalf of their rights to exercise the system. Although the new Criminal Procedure Law increased the system of suitable adults to be present and clarified their rights, the provisions were too general and there were still some shortcomings. In this article, I will talk about how to perfect the proper adult admission system in combination with the practice of handling cases understanding.