Study On The Influence Of Chinese Minors Social Investigation Report To Not Be Investigated For Criminal Responsibility

The social survey system is one of the important rules and regulations in the field of juvenile justice, and the juvenile social survey program is a hot issue in juvenile criminal justice research. While our research on the role of social survey report is mainly focused on the impact of sentencing exercises, we are lacking in systematic study in its effect on qualitative aspects of the case. The paper tries to explore how the social survey report substantially influence the qualitative aspects of juvenile criminal cases on the basis of the present legal framework and judicial practice.Part one is a brief introduction to the concept of the social survey system and social survey report, which explains the value of the social survey report, highlights the specific situation of the not be investigated for criminal responsibility, and then combined with foreign experiences to indicate the great significance of the juvenile social survey report on the not be investigated for criminal responsibility.In part two, we will analyze our relevant legal norms and regulatory documents of the juvenile social survey system, and discuss the possibility of influencing not be investigated for criminal responsibility which is made by the social survey report in the stages of conclusion of investigation, examination and prosecution, and conviction on trial. And then integrated with our judicial practice, we will explore whether the social survey report is really affecting not be investigated for criminal responsibility in these stages in practice by empirical analysis and logical deduction. After analysis and discussion, we found that the juvenile social survey report do make a great impact on not be investigated for criminal responsibility.In part three, we will analyze and compare the advantages and disadvantages of the influences made by the social survey report in the phases of conclusion of investigation, examination and prosecution, and conviction on trial, and then suggest the process improvements of our social survey system. We suggest retaining the impact of non-prosecution decision made by the social survey report in the phase of examination and prosecution; but diminishing the impact of case withdrawal and judgment of no guilty made by the social survey report in the phase of conclusion of investigation, and conviction on trial. On the basis of above study, we will present specific measures on social survey system so as to regulate the impact of social survey report in different stages, and eventually in order to better guide the juvenile social survey in our judicial practice.