Research On The System Of Investigation Report On Juvenile Delinquency

2012 National People’s Congress voted the "Decision on Revising <People’s Republic of China Criminal Procedure Law> The" National People’s Congres, juvenile delinquency system of social investigation report was confirmed by law. A big step construction of which marked China’s rule of law, embodied in the field of criminal law, the special protection of minors pursuit of value. In judicial practice, juvenile delinquency Social Survey reporting system is widely used, but its role in the sentencing juvenile offenders, has been controversial. On the one hand, the nature of social investigation report uncertain. For the social investigation report can be considered as evidence adopted the law does not clearly defined. Meanwhile, there are also a wide range of academic controversy. On the other hand, the social investigation report system itself there are still many defects. Due to the lack of principle as well as the mandatory provisions of the law, which also makes the practical application of the process, resulting in large differences, with the main terms of reference of the investigation is not clear low level of specialization, social investigation report content and form no uniform requirement, making the In practice, the value of the system greatly reduced. However, the implementation of the Juvenile Delinquency Social Survey reporting system has very important significance. On the one hand, juvenile delinquency Social Survey reporting system for accurate conviction and sentencing to provide a reasonable basis for referential, a perfect social investigation report can reflect other factors beyond their minor crime cases, easy to grasp its social harm sex, and ultimately determine its own conditions consistent sentencing. On the other hand, also on the prevention of juvenile delinquency, juvenile delinquent corrected its early return to play an important role in society. The process of making social investigation report is to discover the psychological process of minors, family, growing problem. Production process of accumulation of experience in social investigation report, be able to identify common problems juvenile delinquent, grasp the general rules of juvenile delinquency, grasp controllable factors leading to crime, which was carried out to provide a more juvenile crime prevention targeted material, but also prepare for the next step to correct the problem. Therefore it is necessary to study the social survey reporting system in practice using the basic situation, difficulties encountered, the existence of the defect. Through research, we can grasp in practice, is a social investigation report produced by whom, in the form of social investigation report, the social investigation report will reflect what information and circumstances of the accused and other minors. Summarizes the research found that the practice of law, identify gaps between the ideal and theory applicable in order to put forward in the establishment and development of the system in line with the actual proposal.