The Study About Minor Social Investigation Of Criminal Justice

In western developed countries, the system about minor social Investigation of Criminal Justice has become an important part of Juvenile justice system. With the modify of the2012criminal procedural law in our country, it established the minor social Investigation of Criminal Justice formally. However, As the prescribed by the law is too simple and deficient, it gives a new challenge and inspiration for theory and practice. The paper try to explore the legal regulating of the minors by the method which combining the Theoretical analysis with comparative study.The first part is introduce the basic theory of social investigation system. firstly, it start with the concept of social investigation system, the social investigation system come from the system of Report before sentencing. Secondly, it analyzed the social investigation report evidence attribute. Its evidence attributes contain objectivity, relevance and legitimacy. finally, it points out the differences between points out that the social survey is different from the character evidence and opinion evidence.The second part is about the outside comparison of minor social investigation system. the paper introduce the social investigation experiences of developed country such as United States, Britain and other countries. It analyzed the common and enlighten for establish social investigation system of China, which contain Special legislation, the juvenile court, the strict procedure guarantee, special investigation agencies and professional investigators and so on.The third part is summarized the status quo of the minor social investigation system in China. Firstly, it Introduced legislation situation of the social investigation system, Secondly, some places exposed many problems in practice, it is summarized about four aspects:The main body of the report, the content of the report, investigation report for phase, the investigation object.The fourth part is mainly point out that Our country should draw lessons from foreign advanced system, and combined with practical experience, Perfect the regulations of laws and forms complete and workable legal system in order to servicing for the juvenile justice and protecting minors’ legitimate interests comprehensively. In addition, the paper also introduce the main body of Minor social investigation report, Setting the forced start mechanism of minor social investigation report system, Setting the application of the minor social investigation report system and establishing the corresponding system. When Solving the problems existing in the social investigation system,we should be steadily implement and must not be act too hastily. We should stick to the basic principle of severely and control from the source, we believe that the social investigation system really realize the protection of minors in the future.