The Study On Social Investigation System Of Minor Criminal Case

General provisions about social investigation system have been made to CriminalProcedure Law in2012. And it’s not clearly prescribed by relevant law interpretations. So theoperation of social investigation system is not well. There are many scholars who study socialinvestigation system have their own opinions on staring,subject and content of socialinvestigation system. It’s hard for them to have consensus. This paper is based on theoperation of social investigation system of Shapingba District of Chongqing. And it has asystematic study on starting, subject, and content of social investigation system. Makingsuggestions to better operation of social investigation system, it’s the aim of this paper.Besides the introduction and conclusion, this paper is consisted of four parts, about27,000words.The first part study social investigation in theory. It needs authorities to survey family,living background, education, character, psychology of minor suspects or defendants, whenthe authorities are dealing with minor criminal case. And sometimes it’s necessary to makeidentifications in medicine, psychology, psychiatry and other aspects. Social investigationsystem works in minor criminal case preceding all the time. It’s also extensive, professional,and procedural. Social investigation system is based on four factors. Firstly, the punishmentindividualization is theoretical basis. Secondly, relevant international and domestic laws islegal basis. Thirdly,“education mainly, punishment supplementally”and “education,influence and rehabilitation”is policy basis. Lastly, the minor are different from the adult, andwe should take care of them specially. Social investigation system is benefit for theauthorities to know the causes which lead the minor to violate criminal law, and to takeeffective measures to help them.The second part talks about starting of social investigation system. It’s not necessary tostart social investigation according to Criminal Procedure Law in2012. In Shapingba district,people’s procuratorate entrust both bureau of justice and legal aid lawyers to survey minorsuspects after they have been arrested. It’s not all minor criminal cases have been investigated.Whether it is necessary for every minor criminal case to start social investigation system ornot, which is the controversy in academia. It seems that social investigation system is not anessential procedure according to Criminal Procedure Law in2012and relevant judicial interpretations. However,“may”should be understood as authorizing provisions of law, ratherthan discretionary provisions. Based on the nature of power is responsibility, the authoritiesshould rather than may do social investigation. So all the minor criminal cases should beconducted social investigation. To achieve this aim, we should establish a mechanism whichis the minor criminal cases cannot be went on without social investigation report.The third part studies the subject of social investigation system. According to CriminalProcedure Law in2012and relevant judicial interpretations, the subject who can conductsocial investigation including public security department, people’s court, people’sprocuratorate, bureau of justice, community youth league, relevant social organizations,lawyers and so on. Both lawyers and bureau of justice can do social investigation system inShapingba district. Scholars advocate most of subjects referred to Criminal Procedure Law in2012and relevant judicial interpretations. Public security department, people’s court, andpeople’s procuratorate are qualified to do social investigation, because social investigationreport is evidence. The lawyers have their own right to conduct social investigation. It needspublic security department to do work in initial stage of criminal proceedings. And they havethe most powerful force and time to do social investigation. So public security departmentshould be main subject of social investigation. If there is no social investigation reportbecause of special reasons, people’s procuratorate and people’s court should supplementarydo social investigation. In order to give full play to the advantage of each subject, we shouldestablish a mechanism which public security departments are main subject, people’sprocuratorates and people’s courts are supplementary subject, and lawyers have their ownright to do social investigation.The last part studies content of social investigation system. According to CriminalProcedure Law in2012and relevant judicial interpretations, the content including upbringing,the cause of crime, committeeship, character, family, social interaction, performance beforeand after the crime and so on. In Shapingba district, they increase some such as the basicsituation, disciplining condition and measure, the impact of all parties, crime analysis,community correction, investigator. There is no unified conclusion about the content of socialinvestigation report in academia. Social investigation report plays an import role in arresting,prosecution, sentencing and community correction. To achieve the goal, social investigationreport should conclude basic situation, family, character, social interaction, the cause of crime, crime analysis, performance before and after the crime, disciplining condition, psychologicalevaluation, special explanation and measures recommended.