| Minors represent the future of the motherland,the hope of the nation,shoulder the historical task of realizing the great rejuvenation of the Chinese nation.But because of the physiology of minors,psychological are not mature,vulnerable to adverse effects,so that it is easy to make in the social life of certain prohibited acts of law,some minors will go astray,there has been a criminal offense The For juvenile delinquency and correction,the world in the practice of judicial practice is basically the same,that is,education-based,supplemented by punishment.In order to be more targeted,then it is necessary to find the real cause of juvenile delinquency,and social investigation is to find the real cause of their crime,so as to help minors to establish a feasible correction method.The United Nations Standard Minimum Rules for Juvenile Justice(hereinafter referred to as the "Beijing Rules")establishes the judicial standards for the social investigation system for minors’ criminal cases and the legal rights and interests of minors in terms of the subject of investigation,the scope of investigation,Protected.Since the country has joined the "Beijing Rules",has been actively explore and improve the juvenile criminal cases social investigation system.In the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the "Criminal Procedure Law"),which was revised in 2012,the social investigation system for juvenile criminal cases was first incorporated into the law,and the practice was explored.There are still some shortcomings in the legislative and judicial aspects of the system,which need to be modified and perfected.Juvenile criminal case social investigation system is in the people’s court before the decision,by the specialized agencies or personnel through the visit of juvenile suspects,the defendant’s guardian,school,community residents,the characteristics of minors and their characteristics Life,and the social environment of the relationship between the investigation,and its personal risk and the possibility of further assessment of the crime,the investigation and assessment report submitted to the court for the court in the sentencing time to refer to the system.Crime personality theory,individual theory of criminal law,re-socialization theory is the basis of its existence.On the current situation of our country,the legislative aspects of the provisions of the judicial aspects of the exploration,but there are still the main body of the investigation is not uniform,the scope of the investigation is not comprehensive,the investigation process is not standardized,investigation and supervision is not in place and other issues.China in order to better improve the investigation system,the need for a reasonable reference to other countries,learn from the useful experience of other countries.In order to improve the social investigation system of juvenile criminal cases,we should perfect the concrete implementation method on the basis of objective neutrality,comprehensive investigation and two-way protection. |
