Research On Juvenile Criminal Justice Social Survey Program

The Juvenile criminal justice social investigation procedure refers to make acomprehensive assessment of the degree of responsibility and personal danger as thereference of the judiciary to enforce punishment or non-penalty individualizedcorrectional treatment measures through an overall survey of the personalitycharacteristic,juvenile defendants growth course, family situation, social contact ofthe juvenile defendant.The Juvenile criminal justice social investigation procedure provide scientificconvincing factual which can help us to find the right disposal measures for juveniledefendant. Therefore, the Juvenile criminal justice social investigation procedure isan important system to implement the education and saving policies and the welfarepurposes of correction and rehabilitation in China.The new revised Criminal Procedure Law firstly set up the Juvenile criminaljustice social investigation procedure in the special procedures part, lacking ofspecific provisions.The judiciary pilot reform of the Juvenile criminal justice socialinvestigation procedure does not reach the ideal situation, in which standardizationand scientificalness both need to be enhanced. Therefore, the Juvenile criminaljustice social investigation procedure needed to be consummated from relevantaspects, such as the main function, system construction, judicial operation.Considered the context of the juvenile criminal justice, Social Survey isprecised than investigation procedures. The Juvenile criminal justice socialinvestigation procedure can meet the special needs of juvenile defendants,implement the requirements of the juvenile criminal justice idea, and improve andadvance the independent development of juvenile criminal justice process.To establish and perfect one system requires the guide of correct principles.Guided by the principal of youngsters benefit possibly and the principle of dueprocess, we can correct existing non-standard reform measures of The Juvenilecriminal justice social investigation procedure, ensuring the correct direction of thesystem construction.From the general trend of the development of the system of social surveyprogram, the principle of the protection of children’s rights, concentration onpromoting China’s social survey of specialized construction and long-term development of the juvenile criminal justice point of view, It is necessarily to builda full-time social investigation body, and enhance the professional standards ofinvestigator,and regulate the content of the social survey. By analysing theproblem of various social investigation agency’s low efficiency and unclearresponsibilities, the author thinks that we should establish the Yan collar mode ofthe subject of social investigation, where Judiciary as commanders, the Judicial andadministrative personnel as implementation, and professional social forces asassistant, trying to effectively integrate the existing subject resources of the socialsurvey.From start to trial, the entire process of the Juvenile criminal justice socialinvestigation procedure should be straightened out and standardized, in order toensure the scientificalness. It is best to start the Juvenile criminal justice socialinvestigation procedure in the investigation, prosecution phase, no later than thepre-trial phase. In the implementation of social investigation process, we have topersist in the principles of social investigation, and pay attention to socialinvestigation methods and techniques. To make a social investigation report, weneed to analyse the survey data comprehensively, refer to the relevant theoreticalachievements, and assess the responsibility and the possibility to recommittingcrime synthetically. Based on the essential attribute of the proof and the generalrules of the development of evidence, we should make clear that the socialinvestigation report has the evidence attribute, and the key is to promote thestandard construction of the social investigation report. In the trial, the socialinvestigator should appear in court, considering the purpose and mode of TheJuvenile criminal justice social investigation procedure. The author believes that weshould make the social investigator to testify and cross-examine as substitution forthe social investigation report cross-examination form during the sentencing phase.