The Social Survey System In Minor Criminal Cases

The social survey system in the form of criminal legislation provisions for the firsttime in minor criminal cases, the legal position’s improve has important practicalsignificance in the protection of minor criminal suspects and defendants rights。At theage of immature, involved in the process of socialization, minors physiological,psychological specificity, the development of personality traits is not yet stable, Butthe effectiveness of the education, the theoretical basis of the State is entitled tocustody of minors and the theory of Individual Punishment,which support The socialsurvey system, not only to carry out criminal acts against minors punishment, but alsoto the transformation of minors again, re-shaping,re-education, prevent it fromre-offending. China’s new Code of Criminal Procedure of the system given legislativerecognition and support, the application of the law of minors Social Survey Systemwould be imperative.The purpose and tasks of social survey system implementation is a comprehensive,objective, and impartial investigation, which include upbringing, living environment,care education, crime, objective and subjective reasons, and so on. The report is aform of reference, for the coercive measures, prosecution, courts education andsentence. In the investigation, prosecution, trial stage of the proceedings, police, thejudiciary needs to juvenile criminal suspects and defendants to evaluate and predictdangerousness, and dangerousness is the possibility of an act has not yet occurred, is amethod of predicting the future behavior of the contents of the investigation report isan important social dangerousness of characterization. However, due to the high costof justice Social Survey, diversified subjects by investigators lack of professionalaccomplishment, in the form of the investigation report is not uniform, theinvestigation does not converge, there is no reason to review the appropriate oversightmechanisms causing social investigation report in judicial practice play a littlepractical utility, which applies a lower rate of this system, in order to better minorsspecial judicial protection, it is necessary to further detailed social survey system andimprove.At the different stages of the proceedings, the legal effectiveness of socialinvestigation report is different. In the investigation, prosecution phase, which is usedto elaborate procedural material facts as a reference, but at the trial stage, the report belongs to the category of sentencing evidence. The application of socialinvestigation report should follow some principles, such as full investigation principle,objective and fair principle, lawful principle and bidirectional protection principle.Meanwhile, it is very important to protect the rights of cross-examination and thevictim’s right to participate in the program. Minor misbehavior should not be a reasonfor weighting the liability, the referee instruments should include the report and thereasons for the application.