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On The Improvement Of Juvenile Criminal Case Social Investigation System

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2346330503990313Subject:Law
Abstract/Summary:PDF Full Text Request
Crime minors with adults in comparison with its own characteristics, which are reflected in specific proceedings, for example when it comes to criminal justice, juvenile cases, the relevant legislative provisions, judicial policy, the applicable principles, special guidelines etc. Unlike the case of adults. At the same time, minor criminal suspects and defendants in criminal proceedings also have their own "special treatment." In China in2012, "People's Republic of China Criminal Procedure Law" modification, the establishment of a separate chapter to "proceedings in juvenile criminal cases".In this chapter on the more general provisions apply to the assignment of defense involving minors in criminal cases, total cases handled principled approach requires, surveys, etc.interrogation and trial detailed provisions. The criminal case in which minors Social Investigation System, in the maintenance of the legitimate rights of minors in criminal cases, the rescue of minors, maintenance of legal justice has played an irreplaceable role.In particular judicial cases involving minors in criminal cases when the judicial practice in general will use social investigation system not only helps to persuasion and redemption,correction of minors, and the authorities handling the case for handling ideas and work efficiency has also been expanded and improved, played an important role in maintaining the value of the criminal justice fairness and justice. But it must be seen that in a comprehensive survey of juvenile criminal cases in recent years since the implementation of the system, there are also laws broadly, specific application is missing, the body is not standardized survey, investigation time is not uniform, incomplete surveys and other related content insufficient, but also directly affect the related handling of juvenile criminal cases, this paper based on our on juvenile criminal cases handled by the relevant laws and regulations and the latest judicial interpretation of a new face in 2012, "criminal Procedure" implementation generated Related issues on China Social investigation system juvenile criminal cases do depth profiling, hoping to improve under the new system of social investigation of juvenile criminal cases that exploration. This paper describes therelevant done from the following sections:The first part is the basic content of minors in criminal cases Social Investigation System to do an overview of elaboration. For the first meaning and the system of juvenile criminal cases Social Investigation System legal and social implications of their doing elaborate, and the theoretical basis of juvenile criminal cases and Social Investigation System for detail, an educational punishment theory, the national pro-chauvinists, penalty individualizing principle, then socialization theory.A detailed description and analysis of the second part of the region for extraterritorial national juvenile criminal cases Social Investigation System, such as the British common law and the United States, Germany and Japan civil law, to obtain "nutrients from the experience of developing countries in the " to learn to play our role in improving the juvenile criminal cases Social survey system, the so-called " stone hills, can learn. "The third part of the face of a minor criminal case after the implementation of the system of social surveys, also face the problems of analysis, not only in the investigation of the body, and the lack of legislative level is not uniform, and the investigation report and inquiry procedures standardization process a series of problems and defects that arise related to the analysis made on the basis of the analysis, in order to improve the fourth part of the system to do the theoretical groundwork.Put forward a sound opinion, including applicable principles of social investigation system plays focused on the vital role after the fourth part of the establishment for juvenile criminal cases Social Investigation System, in the implementation process is currently stored inadequate analysis fuzziness propose specific analysis of the principles so that it can be applied to practice. At the same time, for the academic legal property dispute for social investigation, clarify the definition of the system, and thus play a real role and function of social investigation system. In addition, juvenile criminal cases Social Investigation System survey the qualification, procedural norms and oversight structures are made relevant recommendations to improve measures that hope in the rule of law in the context of criminal cases of minors Social Investigation System further improve the proposed recommendations related to exploration.
Keywords/Search Tags:Social Investigations, Minors, Criminal Procedure, Juvenile Justice
PDF Full Text Request
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