Study Of Social Investigation System Of Juvenile Criminal Cases In Our Country

Social Investigation System of juvenile criminal cases as an important part of juvenile justice can help the judiciary fully grasp the criminal reasons of the juvenile suspects and the defendants, education, life environment, social harmfulness and so on. It is beneficial for minors to take the right measures, and is conducive to protect the legitimate rights. In juvenile criminal cases, based on the principle of individualized punishment, the special protection of minors, criminal personality theory to launch social investigation for the juvenile suspects, can implement the "education, persuasion, redemption" policy.Maintenance of the juvenile suspects’legitimate interests has become a common topic of international, Social Investigation System of juvenile criminal cases is regarded as an important litigation activity in common law system and civil law system, which both have a relatively complete applicable procedure. Although the two law systems pursue different mode, but in dealing with youth issues they all tend to power doctrine, at the same time, they provide beneficial reference of the system for us in investigation subject professional, investigation procedure standardization, defining the nature of social investigation report and other aspects. Our judicial practice generally holds a positive attitude to the Social Investigation System of juvenile criminal cases. The court in Beijing, Jiangsu Province, Lankao Country of Henan Province, Jiamusi City of Heilongjiang Province, Shapingba District of Chongqing has launched the judicial practice, but due to a lack of a unified and specific law, there are big differences around the practices.Learning from foreign related system’s legislation and practice, combined with our experience over the judicial practice, there are still many urgent problems of Social Investigation System of juvenile criminal cases in our country to be solved:the applicable object and scope are unknown; the start time and duration of the investigation is lack of regulation; the subject, the content and the way of the social investigation are not clear and specific; social investigation report’s legal nature is ill-defined and objective examination is missing.Therefore, China should adopt stronger legislation to improve the Social Investigation System of juvenile criminal cases:clear social investigation applicable conditions, and gradually expand the scope of application; determine the social investigation time, it is recommended that start the social investigation procedure in investigation stage, and limits for a month; refine the application of the social investigation procedure, to ensure that keep the subject neutral, the content specific, and a clear social investigation way which is given priority to with field investigation, supplemented by written survey, while actively explore other remote entrusted way; clear and definite the social investigation report’s nature and application, which can be used as a reference for sentencing only after objectivity examination. In addition, it should build some supporting measures to constantly improve the Social Investigation System of juvenile criminal cases, such as establishing the relatively independent sentencing procedure, improving the classification of minors correction mechanism, strengthening the supervision mechanism, setting up a social investigation fund and so on.