Discussion Of The Development Of Chinese Minor Criminal Case Social Investigation System

The minor criminal case social investigation system(also can call it "the social investigation system" in brief) which investigates the minor’s personality and the social environment he lives in as its direction with unique perspectives has been playing a very unusual role in the juvenile justice system. It has continued to be accepted and applied widely by various countries in the world for its significant effects since it was born in America. The social investigation system was established formally in China when Several provisions on the trial of criminal cases of minors came on in2001by Supreme People’s Court. It’s very short in time of the development of the social investigation system, as matter of fact, the system is relative incomplete and has lots of problems. In view of this, the social investigation system takes actions in part in the minor criminal procedure. So it is a quite urgent problem that how to solve problems existing in the social investigation system in China presently. This article mainly discusses how to perfect our country’s social investigation system. This article is divided into four parts. The first part discusses about the developing history of the social investigation system and also its concept and significance; the second part takes America, Germany and Japan as examples for their comprehensive legislation in the social investigation system, completely introduces their system’s contents and concludes their common enlightenment in the social investigation system; the third part mainly discusses problems of Chinese social investigation system at present which is concluded into the lack of mandatory in the system, disunity in subjects of investigation, general in contents of the social investigation and uncertainty in the nature of the report of investigation, nonstandard in production and examination and sufficient engagement between the investigation report and the minor criminal security system; the fourth part comes up with concrete suggestions on how to improve it on possessing mandatory in system, uniqueness in subject of investigation, clear and definite in contents of the social investigation, clear in the nature of the investigation report, standardizing in producing and examining and the investigation report used sufficiently in each link in the criminal proceeding. The author puts forward some personal ideas based on sufficient theories which scholars in China have proposed. The significance of this article is problems of the social investigation system are concluded completely, targeted to focus on suggestions in improving to the problems at present. It’s absolutely convenient for judicial offices to know the problems of the social investigation system more intuitively and also provide some ideas for legislature on improving the social investigation system which in order to make our social investigation system more developmental and can help achieving purposes of designation of the system finally.