The Research On Juvenile Social Investigation System In Criminal Cases

Juvenile criminal cases Social Survey System is an integral part of the minors in criminal proceedings is also an important part of the juvenile justice system. Has its own distinct characteristics, which helps improve the protection of minors in China, is conducive to the interests of justice, to protect the legitimate rights and interests of minors, the minors correct conviction appropriate sentencing and criminal trial procedures to improve the regulation of minors. In addition, a minor criminal trials is also showing a trend of diversification and in-depth. Many countries juvenile law expressly provides that "social investigation" of the prisoners, and as the basis of the applicable penalties. Japan Juvenile Law Article9of this system and the specific operation of juvenile criminal cases must be a social survey, and only asked the social investigation report before the pronouncement of sentence. Supreme People’s Court on the hearing juvenile criminal cases of certain provisions of Article21provides that:"before a court session, both the prosecution and the defense in respect of the juvenile defendant character, family situation, social interaction, upbringing and the implementation of performance before and after the alleged crime investigation, and production of written materials submitted by the Full Court. necessary, the people’s court may also entrust the investigation or to conduct its own investigation about the social organizations in the above situation."Since then, the social Survey System Court to be implemented in order to examine the ability of its practical application. Social Survey System application in full swing can not hide the problems highlighted in the judicial practice, such as social surveys the main uncertainty, the narrow scope of the survey, the existence of the legal basis for general unknown, start in the program legal basis between the judiciary Social Survey with incongruous. These problems not only in theory to explore the exploration and improvement, and need to be established in practice and to be implemented.On youth crime and the protection of minors, leads to the meaning and content of the minors Social Survey System, and the legitimacy of its existence from the legal, law, social level analysis, comprehensive elaborated social Survey System significance of qualitative and survey reports, foreign social Survey System analysis, comparison and combination of the status quo of China’s juvenile justice criminal cases social Survey System and focuses on the problems in the work of the investigation, proposed to build a minor criminal cases social investigate the feasibility of the system recommendations.