Research In The Social Investigation System In Criminal Sentencing

Social investigation system is the judge before the punishment on the defendant, in view of the defendant’s personal situation, specific include:personality characteristics, family status, social relations, the growing experience, monitoring conditions, the information such as the performance before and after the alleged crime of a comprehensive, professional survey;When necessary, should also be to identify the medicine, psychology, psychiatry, etc, and made an investigation report, as the judge sentencing on the basis of the system.The social survey is of great significance in the sentencing process.The social survey is conducive to the realization of the aim of punishment, improve the accuracy of sentencing and enrich the content of the trial against.The typical countries outside of related systems, distinctive to the improvement of the system of social investigation in sentencing procedures in order to provide the beneficial reference.2012 revision of the criminal procedure law in our country for minor criminal case social investigation system of the regulation, although to a certain extent, to fill the gaps in social investigation level in our country, but there are still many problems of social investigation system in China.For example, the nature of the social investigation report is not clear, content rules chaos and less comprehensive, uncertain social survey subject, system lack of effective supervision and guarantee mechanism, adult criminal case social investigation system is still in the absence of state, and so on.Combining with the problem of social investigation system in our country and judicial actual situation, the author thinks that the evidence of a clear social investigation report attributes, determine the social survey of specialized subject, improve the quality of the social investigation report, expanding social investigation object to parts of adult criminal cases and the applicable scope of the measures such as establishing diversified social investigation way, has certain necessity and feasibility.