The Study On Pre-Sentence Investigations Report

Investigation of personality,that is designed for judger to do scientific analysis of defendant before making out the conviction,so that they can choose the proper punishment for every defendant in criminal procedure.The law and regulations in many foreign countries stipulate that the cases of criminal are not allowed pronouncing judgment until the cases go through the process of social investigation. However,our country only has few rules about investigation of personality,and it is applied to juvenile cases alone.Therefore,building up pre-sentence ivestigations report system,has already been a task of top priority.Pre-sentence ivestigations report originated in the United States.Its theory basis is the theory of individual penalty,the rehabilitation of criminals,human rights of criminals theory and the theory of punishment justice. Now in China many district courts have implemented this system,but the PSI in our country is failed to compulsive regulation in the law.The understanding and practice of PSI are varied from each other among differert counrts everywhere.However,the PSI in our country is still at the exploratory stage since the contents provided are over simple and careless and many differences do exist in theory. Our country's personality investigation system has some problems.The main differences are that investigator is not definite,the methods of investigation is not regulate,and so on.Building up pre-sentence ivestigations report system in our country,shoud introduce the implement of PSI in other state for the sake of supplying some examples,summarize the excellent and feasible experience and analyze the major problem of PSI construction,as well as search for the correct direction for perfecting the construction.First, the premise of implementation of PSI is the separation of the conviction and sentencing procedures. The PSI should be conducted by the uniform judicial administrative agencies. PSI should be applied to everyone who would be likely to impose kinds of the penalties,not only applied to the adult. The contents of the PSI should include the personal circumstances, family background,the environment of the community, rehabilitation conditions and the circumstances of the crime.