On Social Investigation Report System Of Juveniles

As an important part of juvenile justice, the social investigation report system of juveniles focuses on the substantive fairness and justice of cases, through analyzing the juvenile’s personal dangerousness, social harm, recidivism possibility and correction possibility by investigation of the juvenile suspect’s living environment, family background, character and hobby, providing a useful reference to the relevant activities of the public security and judicial organs. Although this system is quite perfect in developed countries, it is still in original phase in China. The newly revised Criminal Procedure Law clearly defines the social investigation report system of juveniles, which is significant for the improvement of the law of minors in China. This system embodies the conception of the country’s education-dominated and punishment-supplemented policy.educational, reformative and redemptive guiding principle are main way for juvenile suspects. However, considering judicial practice and maneuverability, the provisions of the newly revised Criminal Procedure Law about this system seem to be conservative, which is not conducive to its implementation in practice and influences the effectiveness of this system.With the development of theorists and practitioners, the social investigation report system in China will be constantly perfected.Thus, based on the analyses of related regulations abroad and the practical experience in some domestic regions, the author offers some recommendations for the improvement of the system.Firstly, the paper expounds the concept of the social investigation report system of juveniles.By analyzing its characteristics, valuing foundation and role,the author conducts a comparative analysis for the differences between "character evidence system" of Common Law and our country’s system.Through the analysis,readers can better understand the system and the necessity of its establishment. Secondly, through a comparative study, the author discusses the legal requirements and practical experience about social investigation report system of juveniles in abroad (such as America, Germany, Britain and Japan),which will summarizes the characteristics and useful experience of this system abroad.Besides, it is necessary for the improvement of this system in our country. Then, through the discussion of the legal evolution and judicial practices of this system in China, the author proposes the problems in the social investigation report system of juveniles in China:the uncertain body and processes by social investigation in various regions. Meanwhile,there is no unified mode of the social investigation report and social investigation activities lack also effective supervision mechanism. Conducting a social investigation about the juvenile suspect will refer to investigate his/her private life. In order to ensure that juvenile suspects will better renew their life, the main body of the investigation have to hold the principles of legitimacy, neutrality, confidentiality and objectivity in the investigation process. Finally, based on the practical experience from our country and overseas region.The author provides recommendations for the improvement of this system in China:establishing a unified social investigation body,refining the contents and methods of investigation,elaborating processes for criminal justice,perfecting a supervision mechanism for activities of investigation.