Minor Crime Of Problem And Improvement Of The Social Investigation System

The existence of the social investigation system of juvenile delinquency is indispensable.It is not only the requirement of the principle of child welfare and the principle of social participation,but also the important procedure to realize judicial justice.The theory of parental right has provided the theoretical basis,And the criminal policy of temper justice with mercy to provide a policy basis;at the same time,the implementation of minors social investigation system,but also the restoration of judicial theory in the juvenile criminal justice in the specific implementation of the use.Because there is no unified legislation on the social investigation system,we have formed different types of social investigation modes in judicial practice.These different modes of investigation are both advantages and disadvantages,some of which are relatively mature,can promote the practice of social investigation system in criminal justice,and better protect the interests of minors,but there are some models there are many drawbacks.There are some problems in the current social investigation system: 1,the introduction rate of the social investigation system is not high;2,the investigation of the main body of the investigation led to the lack of neutrality,professional,authoritative;3,the survey model subjectivity Strong;4,the social investigation report in the court trial status is not clear;5,the lack of legal supervision led to social investigation in this part of the situation is more fraud.China should establish the judicial investigation system as the main body,commissioned by the investigation as the auxiliary social survey of the main body of the system,through legislation to clarify the social investigators of the litigation status and division of responsibilities,improve the supervision of social investigators mechanism,Stage of the social investigation work system,through the improvement of the means of investigation,to build a scientific,comprehensive and reasonable investigation report content system,at the same time clear the legal status of social investigation report,to build scientific sentencing procedures to ensure the effectiveness of social survey report,and thus better Protect the legitimate rights and interests of minors,to achieve justice.