A Study On The Social Investigation System Of Minors In Criminal Proceedings

Social investigation system as an important component of juvenile justice is of great significance for both enhancing scientific, standardized level of juvenile justice work and the effect of juvenile delinquency prevention. The amendment of2012" Criminal Procedure Law " increases a chapter named the " proceedings in juvenile criminal cases " establishing the legal status of minors social investigation system in the form of the Basic Law, which is an important outcome of the minor legislative and judicial law.In order to ensure the healthy development of the social investigation system and maximize the role of the social investigation system in minor criminal cases, the system need further discussion and study. In this paper, the four aspects of the system are researched, which are the concept and basis of the system, comparison between within and outside the region, status analysis of legislative and judicial systems and the improvement of the system.Chapter One:"Minors Social investigation System Overview in Criminal Proceedings." The concept analysis of minors social investigation system and in-depth study of the theoretical, legal and methodological basis of its existence provide a theoretical guidance for the study of social investigation system of the criminal proceedings and lay a theoretical basis for investigators to carry out social investigation.Chapter Two:" A Comparative Study of Extraterritorial Minors Criminal Social investigation." Extraterritorial research on social investigation system is earlier. Through regulations about social investigation system of some typical countries, such as the United States, Britain in common law and Germany, Japan and Taiwan in civil law, we sum up the general characteristics of the system and obtain the enlightenment to China. The summary provides extraterritorial advanced experience.Chapter Three:"Status Analysis of Minors Social investigation System." It focuses on exploration of the system in various regions of our country and the application in the whole criminal proceedings including specific application in prosecutions, trial work, and thus refine and conclude the practical experience.The problems found in the legislative and judicial aspects provide some reference for the subsequent social investigation system.Meanwhile, it points out the disadvantages of the systems that need perfecting.Chapter Four:" Perfection of Criminal Investigation Minors Social System." Aimed at the problems raised and the deficiency in the front part, it provides suggestions and measures of perfection from five aspects. They are establishment of legal principles, perfection of survey body, the abundance of investigation methodologies, criterion of investigation proceedings.