The Research On Minor Social Investigation System

Minors social investigation system is an important criminal justice system, whichis expressly stipulated in the extraterritorial countries whose minor justice system isrelatively developed. Our country is a late starter of minors social investigationsystem. However, as the permeation of the theories of restorative justice, individualpenalty and resocialization in our criminal procedure, our country has changed thenarrow concept of "The Retribution Model" and established the social investigationsystem which conforms to Chinese characteristics, centering on the guiding principleof "education, rescue, influence ".It can be found from the study of extraterritorial social investigation system thattheir system design is scientific. Their system has professional investigation subject,abundant content and scientific investigation mode. Moreover, the countries ofcommon law system regard social investigation as evidence which improves its legaleffectiveness. Beyond that, to carry out this system, extraterritorial countries hasdetailed procedure rule and related supervisory methods was mated in theimplementation process. By contrast, in our country, the rules of juveniles socialinvestigation system is more principled. So the operability is low, which is a reasonfor the low adoption of social investigation system in our country. Based on previouspractice, the newly revised Criminal Procedure Law stipulates social investigationsystem. It is a big step for this system. But it has not give clear-cut specifications onproblems in judicial practice. As a consequence, it should be urgently solved as tohow to make the social investigation system a common practice on a national scaleand how to transform the principled stipulations to feasible ones. Specifically, on thebasis of the confirmation of investigation subject, investigation content, investigationmode, legal attribute, the system should be especially linked up to "conditionalnon-persecution system" and the "appropriate adult" presenting system effectively toenlarge the application scope of social investigation and then to reflect the practicalvalue of this system. In addition to this, filling the blank of the social investigationprocedure and restriction mechanism can keep the juveniles social investigationsystem from becoming a mere formality and ensure that minors social investigation system moves to a proper direction.