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On Improvement Of The Social Investigation System Of Juvenile's Delinquency

Posted on:2009-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:X FangFull Text:PDF
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The criminal procedure of juvenile's delinquency which is one of the criminal procedures has its own distinguished characteristics. Regarding of the policy of "education, influence and rehabilitation", the trial reformation of juvenile's delinquency shows the tendencies of diversification and deepness. The social investigation system of juvenile's delinquency comes from the personality investigation system before trial in foreign countries. The implementation of the social investigation of juvenile's delinquency is a successful system in China's process of judicial reformation of juvenile's delinquency.The development of substantial law will inevitably promote the improvement of procedure law. Before pronouncing the final judgment, People's Procuratorates and People's Courts should not only analyze the facts of the crime, such as plots of the crime, nature of the crime, violated victims, results and so on, but they should also consider regular behaviors, living conditions and surroundings of the juvenile's suspects and accused, views of school and community, etc., so that the correct and reasonable judgments could be made. The social investigation system of juvenile's delinquency is aimed to understand the growth experiences, regular behaviors, reasons of committing crimes and family background of juvenile's suspects and accused through calling on family, school, community, police office and so on. This system is good to inflect judicial democracy, to protect judicial fairness and to make correct judgments, which can finally protect the legal rights of juvenile's suspects and accused.The laws and regulations in many foreign countries stipulate that the cases of juvenile's delinquency are not allowed pronouncing judgment until the cases go through the process of social investigation. In 1995, China People's Supreme Court made regulations on social investigation of juvenile's delinquency. And then, the work of social investigation of juvenile's delinquency has been put forward in many places in China, like City of Shanghai, Henan Province, etc. Since 2004, this work has also been implemented in Lanzhou Chengguan District People's Court. And Chengguan District People's Court has being unceasingly discovered the ways to improve the social investigation system of juvenile's delinquency.But, many problems are also appearing, such as the subject of social investigation of juvenile's delinquency, organization and funds to implement the work, the legal attribute of social investigation report and so on. These problems do not only need to be discussed in theory, but also need to be implemented in practice. As a system, the works of social investigation of juvenile's delinquency must be endurable and stable. How to make this work fixed as a regular system is another problem need to be solved urgently.In the paper, I will mainly discuss the problems which appear in front of the trial practice of social investigation of juvenile's delinquency of Chengguan District People's Court, and puts forward some feasible suggestion through introducing, analyzing, contrasting, summarizing the social investigation practices of juvenile's delinquency in some foreign countries and China. Juvenile delinquents usually are ready to be corrected. The implementation of social investigation system of juvenile's delinquency will surely guarantee the realization of judicial fairness, correct and educate them and, will ensure the public security, the stability and harmony of the whole society. Aiming at the practice of this system in Lanzhou Chengguan District People's Court, I will put some of my conception of the improvements of social investigation system of juvenile's delinquency in the paper.
Keywords/Search Tags:Social investigation system, Criminal procedure, Judicial fairness, Juvenile's suspect and accused
PDF Full Text Request
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