The Research Of Minor Criminal Case Social Investigation System

Minor criminal case social investigation system is established on varioustheories. The abroad education punishment theory, the purpose of punishment theory,individualized punishment theory, personality theory of liability, and the theory ofcomprehensive survey, provide theoretical soil for the development of criminal casessocial investigation system.In our country,there exist significant differences about the legal attribute ofminor criminal case social investigation report.This paper argues that socialinvestigation report is not evidence under the existing theory and law, but socialinvestigation report can essentially become a sentencing evidence exists in thelitigation stage by perfecting our country’s laws and regulations.Our country law has not stipulated in the minor social investigation system. Thebasic principles in this paper respectively is objective and neutral principle, theprinciple of due process, the principle of full investigation and protection of minorsprivacy principles.There is the procedure of minor criminal case social investigation by the end ofthe article.There are not regulations about minor criminal case social investigationprocedure In the laws and regulations.This article proposes to advance your time ofthe social survey to the first interrogation of criminal suspects or compulsorymeasures up to the social survey,and suggest the cases of constraint starting surveyapplication, and finally provides the general social investigation procedure.