| Minors social survey system is an important criminal justice system, juvenile justice relatively developed countries have expressly provide for this system. In China,this system started late. Since the "Criminal Procedure Law" modified in 2012, this system was established for the first time in our legislation, which is a significant advancement of juvenile justice. But the Criminal Procedure Law is still not given a clear response to the regulations, therefore, social survey system for minors more intensive research is necessary.In this paper, examination and interviews are used to expound the Basic information on the implementation of the system of prosecution empirical research.Yubei District and Shapingba District of Chongqing Municipal are selected as research samples, although both belong to a municipality, they represent different implementation: Yubei's situation is more public and represent the general effect,Shapingba's situation is advanced innovation, it represents the high level. For the implementation of the new Criminal Procedure Law focuses on 2013- 2015 survey carried out between the social status of the operation of two District Prosecutor's Office of Minors of research and analysis, I hope through research to identify problems, analyze the causes and make recommendations to our country minors Social Survey System the reform and improve the benefit.This paper is divided into three parts:The first part describes the overall status of implementation of minors social investigation system. Two District Procuratorate of Chongqing having a different representative(Shapingba District and Yubei District) were selected as survey sample.Analying at this stage about Social Survey System minors laws and regulations; and the effects of different modes of social investigation body; and the proportion of social survey questions; ways and main content and social survey of investigators commonly used; and the legal nature of social inquiry reports positioned in judicial practice.The second part analysis the problems and the reasons for the existence of social survey system. Firstly, the author analys and lists five common practice problems: the first, the main survey pluralistic, decentralized, and professional is not strong, can not ensure the authenticity and validity of social investigation report; the second is socialsurvey applicable coverage is not wide enough; the third is to investigate the contents of the empty, often a mere formality, the traditional method of investigation, lack of innovation; the fourth is report of the investigation does not define the nature of law,academia has been controversial, practitioners did not make a unified treatment; the fifth openness and social survey activities contrary to certain confidentiality requirements of the system and minor criminal cases. Secondly, the author analies the mainly reasons for the above problems: Our philosophy behind the juvenile justice;professional basic investigative bodies and investigators weak; legislation on social survey system is not unified; supporting institutional mechanism is not perfect and so on.The third part is a summary of local practical experience, learn from good extraterritorial practices, point to the surface, based on their own reality, to improve the social investigation system of juvenile delinquent recommendations. The author read the literature, learn good practice achievements, summarized the following five recommendations: First, establish professional and authoritative investigation institution, training a group of professional team of social workers; second, to expand the scope of social surveys, perfect to foreign nationals involved in the case implementation of social survey personnel; Third, rich social survey content and the introduction of modern investigation methods; Fourth, clear the legal property survey report, unify rules of use; Fifth, promote the concept of its juvenile justice, so that contractors will pay more attention to minors social survey system. |
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