Study On The Social Investigation System In Chinese Juvenile Criminal Trial

This paper takes Criminal trial as the center for Criminal case in juvenile①onthe Social Investigation System. Social Investigation System in Juvenile criminal trialis not only an important element of the juvenile judicial system,but also an importantmanifestation of protecting the healthy growth of young people in juvenile judicialarea. The basic meaning is: when hearing juvenile criminal cases, the court willdelegate organizations or people who have rich working experience on juvenile andfamiliar with both physical and psychological character of juvenile, and possessprofessional knowledge in sociology, education, psychology, psychiatry and so on, tomake investigation of the family background, life experience, personality, socialinteraction of the juvenile defendant, and make a scientific analysis and assessment ofthe causes of crime, the performance before and after crime, the dangerousness andsocial harm, then forward their opinions, report the assessment and the originalinvestigation material to the court, so that to provide basis references for judges tomake accurate and reasonable sentences. The investigator should read the report andaccept the prosecutor and defendant of inquiry and cross-examination on the court.Social Investigation System in juvenile criminal trail aims to investigate andassess personality traits, and thus provide legal reference for assessing the level ofcriminal responsibility and measurement of penalty, so that to protect the justice andefficiency of the proceedings, and thus protect the juvenile defendant ’s legitimaterights and interests more effective. The values and life of social investigation systemlies in practice, therefore, the innovation of this paper is practical. Through the analysis of the outside situation, exploring its legislative intent and value, then makereasonable draw and transplantation; Through study on China ’s development processand draw upon its research to identify the flaws and shortcomings of that system,and targeted for improvement, and ultimately design a suitable and operable socialinvestigation system for China.In this paper, the basic content divided into four parts: Part I is the overview ofSocial investigation System in juvenile criminal trail, including the concept,characteristics, theoretical foundation and values; Part II works on extra-territorialinvestigation of Juvenile Social Investigation System, including overview andcommon ground of United States, Britain, German and Japanese social InvestigationSystem; Part III gives account of the juvenile social Investigation System in criminaltrial, including the legislative situation, Judicial practice and problems; Part IVcenters on perfection of social investigation system in juvenile criminal trial,including sound functions and settings, improving judicial procedures, building themain subject of investigation, standardize investigative procedures and so on. Thispaper concludes that the implied value of social investigation system wouldultimately be assertive and implemented by the help of specific and micro-systemsettings. Social Investigation System in Juvenile Criminal Trail will implement theModesty of penalty and the respection for human rights in criminal procedure. It isthe evolution and self-improvement of the juvenile judicial system, and truly reflectsthe modern judicial philosophy which combines punishment of crime and protectionof human rights, procedural justice and substantive justice, and justice prioritiestaking into account the efficiency.