An Empirical Research On The Social Investigation System Of Juveniles Criminal Cases

Some regions in our country has begun to explore the social background and personality characteristics of suspected minors since Shanghai Changning district People’s Court set up the first juvenile court in China. In the meantime, the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security also have issued the relevant legal documents and eventually stipulated social investigation system of the minor criminal case in criminal law amendment in 2012. The author analyzes problems of social investigation system in the minor criminal case in the judicial practice and the real influence of the provisions of the criminal procedure law through the research of courts in B district’s court of city H in Anhui province, and then gives some suggestions to improve the social investigation system of minor criminal case in China.In addition to the preface and epilogue, this dissertation is about 30000 words.The first part mainly discusses the basic concepts of case social investigation system of minor criminal. A minor criminal case’s social investigation system refers to subject to survey the basic condition of the juvenile criminal suspects or defendants. In additions, investigators come forward handing opinions and write professional written report to provide legal basis for the judge’s sentencing. This dissertation will introduce several kings of local social investigations mode of the minor criminal case in our country.In the second part, the paper introduces current situation of the social investigation system of minor criminal case in B district court. After research, this discourse mainly reflect in fallowing parts which are basic situation of courts in the district B, start up subject of minor criminal case’s social investigation program in city H, the minor criminal case’s social investigation procedure’s range of the court in district B, the specific institutions of minor criminal case’s social investigation in city H, employment and management of social investigators, the process of social investigation, the format and content of a social investigation report, read situation of the social investigation report, the expression of the social investigation system in criminal judgment and so on.The third part analyzes statistics data after the research of courts in district B, and especially analyzes the data changes in different years. The main survey data include that the number of minor criminal cases and minor criminal, the number and proportion of minor criminal case that is suitable for ordinary procedure, the number and of common crime minors criminal cases and proportion, and the number of juvenile criminal cases that are suitable for social investigation procedure, the amount, proportions and types of non-imprisonment penalty in the minor criminal cases from 2008 to 2014.The fourth part introduces the mainly exiting operation problems of social investigation system of minor criminal case in district B’s court. This section will discuss this topic in seven aspects, which including lagging of starting time of social survey, the difficulty during social survey process, social investigators in the court without evidences, simple contents and formality of a social investigation report, the contents of the social investigation report are in conflict with the presumption of innocence and the function of the social survey is difficult to reflect the conflicts of social investigation and criminal record system. This paper analyzes causes of the problems after bellowing introduction of exiting operation problems in courts of district B.The fifth part analyzes and summaries the data of the third and forth parts, proposing countermeasures about consummating social investigation system of our country’s juvenile criminal case. Social investigation system of the minor criminal case’s operation should adhere to comprehensiveness, professional and neutrality. In addition, it should be clear the legal status of social investigators and the legal attribute of social investigation reports. Furthermore, improving the set up of the system of social investigation system, perfecting the system of social investigators, standardizing the process of social investigation and social investigation report’s writing processes are necessary. In the meantime, it should connect the specified the social investigation system and related systems(such as criminal record storage system, lawyers marking right system, community correction system, etc.) well.