A Study On The Function Of Social Investigation System Of Minors In Conviction

Social survey system is a minor shall be an important system in the field of criminal justice.Now about social investigation system research mainly focus on the main body status and the power and responsibility,the respect such as the nature of the investigation report,about the function of the survey report,our country put the research focus on the function of sentencing,convict on function and lack of necessary attention.Minors special structure of body and mind,make them susceptible to environmental impact and make a crime,the crime is a big difference with ordinary crime,and even affect the conviction of judgment.As the country is becoming more and more attention to the guarantee of minors and their rights and interests,and study the influence of the social survey system for minors convicted,has theoretical value and practical significance.On the basis of previous studies,this paper researches in the nature of social investigation system,and put forward the minors convicted the introduction of personal danger,better realize the essence of criminal justice and special protection of minors' rights and interests.The full text includes the following four parts:The first part of the system introduces the concept of the minor social investigation system in China and the status quo.Through to our country's legislative process of the social survey,clear social investigation system in our country's present legislation and perfect path.Inductive social investigation system applicable in the our country judicial present five characteristics: low social survey applicable rate,suitable not balance;Investigation subjects,the insufficient standard work;Investigation focused on the investigation stage,the social survey seriously insufficient;The way a single,formalization,survey report a lack of professional analysis,the same;Investigation conclusion main influence sentencing,less shunt cases.Finally pointed out that it is necessary to reform the system of social investigation.The second part briefly introduced the outside social investigation system of juvenile.In the United States,Germany and Japan,for example,guided by the concept of national consortium,outside generally attach importance to the protection of minors and education,perfect functions and powers specified in the juvenile justice system socialist social investigation system,by a special investigator found that minors related situation,through the professional analysis is made after investigation report,in order to try to rule out juvenilecriminal procedure.Part of cannot be ruled out,the report after complete,after the trial is cross-examination and certification and become evidence encounter decided to help the judge make individualized.The third part of conviction is introduced into our country minor social investigation system function are analyzed in theory.Through analyze the minor crime in our country and the system of minor social investigation,social investigation system should be introduced to convict function is put forward,and carried on the thorough analysis in theory.Minors' unique physical and mental structure determines the minor crime has the characteristics of different from adult crime,these characteristics on the criminal substantive law beyond the scope of the crime constitution of personal danger.Minor social investigation system is essentially for minors personal risk measurement.The function of personal danger in criminal law is not condemned,but in the conviction of the juvenile criminal,personal risk showed an integral sex in the first place.Minor social investigation system function of conviction should be introduced,that is,to build "social harmfulness and personal danger" dual conviction mode,in order to fully protect the rights and interests of minors,with the development of the offender of the criminal law and the pursuit of essential justice,to promote Chinese juvenile justice system more reasonable.The fourth part is the minor social investigation to our country the improvement of the system function of conviction.On legislation,first through the form of legal interpretation,"but" will "criminal law" article 13 of the "plot" expanded to include the personal risk,and the new "points" in the social investigation system in setting up perfect and function;After being convicted of social investigation system function stable running,then the legal interpretation formally incorporated into the law.Justice,at all stages of criminal proceedings through social investigation,ensure social investigation system of conviction function into full play.On the system,to the body of the social survey,methods,procedures and other supporting mechanism to be perfect,guarantee the objectivity,comprehensiveness and scientificness of the report,for the social investigation system of the functioning of the conviction to lay a solid foundation.