The Research On The Community Correction Pre-trial Social Investigation System

Community correction is a reform approach of great significance forpenalty system in China. As the initial procedure of community correction,pre-trial social investigation offers important evidence for judicial authorityto determine whether implementing non-imprisonment penalty on criminalsor not, which not only improve the accuracy of punishment determinationand reduce the risk of applying community correction methods, but also ishelpful to determine penalty punishment according to the individual crimecase and promote penalty executive benefit. With the sound development ofcommunity correction in recent years, pre-trial social investigation has beenused in judicial practice in a wider scope and various mature experienceshave been accumulated. However, pre-trial social investigation has not beenapplied with enough highlight yet for the lack of legislation and system guarantee. The development of pre-trial social investigation system has alsobeen remarkably restricted for the reason of lacking unification, standard,scientific guide and systematic structure in the real practice, so thatinvestigation results have been affected in terms of justness and authority.Therefore, to build up and gradually improve pre-trial social investigationsystem has become a priority in the research field of criminal justice. Thedevelopment map and exiting problems of community correction pre-trialsocial investigation system is expounded in this thesis with the workingexperience of the author, the possible localization and reform methods areassumed with the studies on the mature experience in this system outsideChina, and some suggestions are given to advance the practice at the subject,procedures and reporting system of pre-trial social investigation system inChina with the intention of arousing further consideration of legislators,scholars and officials in the real practice.