The Research On Juvenile Social Investigation System In Criminal Cases

The social survey report of the juvenile criminal cases is an important symbol of national measure of the degree of civilization of the rule of law. Paying attention to the real fair and equitable, in order to make an appropriate sentence on juvenile offenders. It is helpful to appropriate sentencing and standardize the juvenile criminal trial procedure. In 2012, China’s new "criminal procedural law" made a special provision to social investigation system, which reflects the improvement for the juvenile justice system. However, it is undeniable that the institutional design of our country is still at the early stage, there are a lot of problems. However, it is undeniable that the institutional design of our country is still at the early stage, there are a lot of problems. For special attention to the problem of the protection of Minors, this paper bases on the basic theory of social investigation of juvenile’s delinquency, detailed analyzing the theoretical basis of this legal system, namely, the crime reason system theory, individual penalty theory, and theory of socialization. Sum up the existing problems in minor case social investigation system, by comparing the relevant provisions of the two legal systems, referencing the advantages in system construction, and combining the reality of our situation. Firstly, on the part of legal status, the social investigation of juvenile’s delinquency is not the necessary procedure of trial on juvenile cases, caused the system randomness in application. Whether it can be convicted in the proceedings as evidence in criminal proceedings is vague. Secondly, Multiple of investigated subjects make the investigation go awry. Thirdly, on the part of the concrete content, there are problems of the hollowing out of investigation contents and the investigation conclusion formalized. Lastly, on the method of investigation, the way of investigation is single and the investigation method is not rigorous.Above all, the author puts forward the suggestions of improving our social investigation of juvenile’s delinquency as follows. Firstly, the part of legal status, the social investigation of juvenile’s delinquency should be the necessary procedure of trial on juvenile cases, and the using of process is equal to everyone. Make social investigation report as evidence of sentence, and taking a part in the court trial examination. Secondly, to the investigated subjects, establish a professional minor social investigation organization to ensure the professionalism of the report. Thirdly, to the concrete content, take the contents having an important influence for sentence as a priority as well as keeping the report true, comprehensive and scientific. Fourthly, on the method of investigation, compressively use the modern technology to ensure the authority of the investigation results and pay attention to protect minors’ privacy. Lastly, establish a supervision system in dynamic balance to supervise the system on the part of its procedure and entity.