The Application Research Report Of Pre-trail Social Survey

Community correction is a non-custodial penalty, it is a system that put the offenders who meet certain conditions in a community to execute a punishment.It can integrate various resources, and allow criminals return to the society smoothly.With the national wide promotion of community correction system in 2009,the work face of our country's community correction is increasing, at the same time the object of the community correction gradually increased.Meanwhile, due to the characteristics of the community correction,the words and deeds of the criminal who is placed in the community is relatively free, all of these have increased the difficulty of the management work of the relevant departments. So it is necessary to establish a scientific community correction pre-trial social investigation system, selection of the intended object in the source of the application of community correction, close the door on the people who is not suitable for community correction, so as to ensure the quality of community correction work, strengthen the result of the community correction work.Although national authority have established the “ the implementation of community correction measures” in 2012,but because of the principle and rough and the lack of specific rules for the operation. Based on this,local departments introduced much more detailed provisions. But the pre-trial social investigation system of community correction is a new thing, just operate for a short time in our country and the implementation of this system is different in different places. So,in the judicial practice,it exists lots of problems and perplexities.This report adopt the form of investigation,take Y District C City as an example. Get the pre-trail social investigation date mainly from the Bureau of justice and the court of the Y District C City.Summary and analysis the date that have got,then find the existing problems,finally, proposing suggestion to improve the system. The paper mainly consists of four parts. The first part is the introduction. Firstly,introduction of the research background.in order to carry out the work of the community correction much better,we need to set up scientific pre-trial social investigation system.while China's pre-trial social investigation system is undergoing the process of development;Secondly,Significance of the research. Elaborate the significance of the pre-trail to the person that have been community corrected,judges and community workers. Finally,the object and method of this research. Mainly on the explanation of the basic information of the research object and the method the author have used in completing this investigation report. At last, introduce the innovation and shortcomings of this report.mainly on this point,compares with the theoretical paper,this paper's innovation and deficiency.The second part: mainly introduce the status of the implementation of the pre-trial community correction,and then analysis it. Through analysis the date and interview information obtained from investigation,the author understood these information : the number of the people who was investigated before the trail, the number of the people who is sentenced to control,probation,parole and temporary implementation out of the jail, the distribution of different kinds of pre-trial social investigation case, the staff composition of the social investigation,content of the pre-trial social investigation,investigation procedure,the number of the justice bureau and the number the distribution of the judicial workers, review of the investigation report by the court, influence to the judge's measurement of penalty and the basic situation of the adoption rate. And then the basic analysis on these situation.The third part :the problems exist in the intended application of community correction cases of the social investigation. By studying the region's pretrial social investigation status to find problems.mainly including four problems: Firstly,the problem of the legislation system, including unclear applicable conditions,unclear legal status of the social investigator,unclear definition of the legal nature about the social investigation report;Secondly,problems in the implementation of the social survey,including the problems on the subjects, investigators time,and content of the investigation, lack of public's understanding and support;Thirdly,The court's highly rate on adopt the report;Fourthly, the lack of the supervision link in the social investigation.The fourth part is the improvement measures of the social investigation.mainly put forward suggestions to perfect the problems exist on the above problems,so as to perfect this system.Mainly contains four parts.Firstly, the perfection of the legislation system,clearing applicable conditions, clearing the legal statue of the social investigator,clearing the legal nature of the social investigation report;Secondly,the perfection of the social survey implementation,including the subject of social investigation, the content of the social investigation, enhancing the social public's understanding and support for the pre-trial investigation; Thirdly,strict the standard of adopting the social investigation report; Fourthly, perfecting the supervision system of the pretrial social investigation.