The Exploration Of Social Inquiry System In Juvenile Justice

Minors are distinct from adults on the basis of both their physiological and psychological traits, while juvenile delinquents are most vulnerable among this special population. Modern societies widely accept to protect their rights and well-being through a distinguished system of juvenile justice, which generating a series of untraditional-criminal-procedure philosophy, process, as well laws, one of which is Social Inquiry System (hereinafter referred to as SIS). So far it has been adopted by most countries all over the world.In our own country, although at its beginning, a few courts have vigorously launched the pilot programs of SIS. Meanwhile it seems rare that the whole academia unanimously supports these programs with various suggestions but without critically denying. However, enthusiasm and tolerance does not cover many drawbacks of the SIS in practice, such as the disagreement of names of this system, unclear legal ground, chaotic status of investigators, limitedly covered respondents, uncertain nature of social inquiry reports, etc.This thesis consists of four chapters.The first one focuses on elements of the SIS. By analyzing Beijing Rule's provision, the author summarizes four elements of minimum rules for the SIS, followed by respective comparisons with definitions given by Chinese academics both within and outside the circle of juvenile justice. Disparities among the three interpretations of SIS express different attitudes towards juvenile justice: dependent or independent?Legislations of similar systems in foreign countries described in the second part aim at, combining with Beijing Rule's stipulation, giving a framework of the SIS to potential readers. Probation system in the United States, investigation by investigators in family courts in Japan and pre-sentencing report in Canada are priorities of recommendation. Not only the rules themselves but their significance in juvenile system as a whole is also given large attention.The key points of this thesis, a description of the practice of SIS in China, are in the third chapter. Lack of legislations, whatever domestic regulations or international treaties, always bears the first brunt. Meanwhile, interpretations issued by the Supreme Court or the Supreme Procuratorate are just guiding principles and less operational. As a result, the unsatisfactory judicial practice reveals drawbacks in various extents in all aspects of this system. However, the normative document jointly published in August 2010 by the Supreme Court, the Supreme Procuratorate, the Ministry of Public Security, Ministry of Justice, ect. to large extent brings the unity. Based on this opinion, plus the real practice, this part analyzes eight problems listed above one by one.Calm thinking of SIS is necessary in China. The last part of this thesis is subdivided into three sections. Philosophy of juvenile justice is the basis of the SIS. The first section introduces philosophy of juvenile justice in the United States and Japan, which are worldwide famous. In next section, after examining the SISes in Haishu District in Ningbo and in Shandong Province, the author finds that the SISes basically fulfills one of its goals—assisting juvenile judges choosing the disposition of probation. Lastly, a few humble suggestions are put forward concerning authenticity of social inquiry report, how to investigate relevant information of minors whose domiciles are not in the place where the offences are committed, promotion of Psychological Correction Mechanism and introducing NGOs into juvenile justice system.