Perfection Of The Juvenile Social Survey System

Dealing with juvenile delinquency problem, it is necessary to "education first,punishment supplemented". And with the development of the juvenile justice system in the world,in order to protect the litigation right of juvenile criminal suspects and defendants,Social survey system has become an important part of the juvenile criminal proceedings.Article two hundred and sixty eighth in Criminal Procedure Law which was revised in 2012stipulates: "When Public security organs, People’s procuratorates and People’s courts handle juvenile criminal cases, depending on the case,they may conduct a survey about minor criminal suspect or defendant’s experience of growing up, cause of crime, custody and education and so on. " This is the first time a clear legal provisions stipulates that in criminal cases, minors trial proceedings should be distinguished from adult, Public security organs,People’s procuratorates and People’s courts may conduct juvenile social investigation.Social investigation report is intended to reflect the character features of minors, social interaction, family background, economic status, behavior before and after the crime and so on, which covers some of the common law property "character evidence", but can not be two are completely identical. In the social investigation report, a minor character evidence play a very important part of the role, character evidence has become an important reference on the conviction and sentencing of minors criminal proceeding. Related systems on character evidence in common law and civil law countries have a relatively deep understanding and interpretation. It refers to character evidence used against a person based on his character or conduct in the particular cases of specific acts testimony testimony. Character is a general description of human behavioral tendencies and characteristics(such as honesty, temperance,or peace). In common law system, there are many provisions of the general rules and exception rules of character evidence. The basic rules of the common law is: To avoid the bad influence tend to bias the jury,usually character evidence must be excluded from the court,unless an exception is in line with the rules in the case. The following three factors determine the admissibility of character evidence: 1.The purpose of the use of character evidence; 2. The way that character evidence is provided; 3.In which proceeding(civil or criminal proceeding)character evidence is presented.In practice,there are a lot of problems in Minors Social Survey System,such as the law and regulations about minor social survey is too ambiguous to follow, lack of practicaloperating guidance; the content of social survey is simple and vague; the form of social survey is rigid; the implement principle part of the social survey of minors is not clear and unprofessional, the authority and neutrality of them can not be guaranteed; the start-up of minors social survey procedure. How to solve these problems, how to learn from relatively developed character evidence rule, it may suggest lessons for minor social investigation system. It will be the key to further development and improvement of minors Social Survey System.Thus, based on the undeveloped juvenile judical system in our country, in order to offer juvenile offenders the most appropriate treatment, choose the most beneficial forms of punishment of minors to the benefit of their physical and mental development, to make them reform, we should know how to learn from character evidence which is an advanced concept and maximize its potential in our juvenile criminal justice system, establish and improve the current system of social surveys of minors in order to follow the development trend of criminal laws in the world.