Research On The Social Investigation System Of Criminal Cases Of Minors

The social investigation system of minor's criminal cases is an important part of the juvenile justice system, and it has been widely used in foreign countries. It is a kind of social investigation systems specially constructed for minor's criminal cases. The purposes of this system are to better safeguard the legitimate rights and interests of minors, prevent and dispose the crimes committed by minors. Meanwhile it is also the important reference for the the public security organ to decide whether to submit the approval of arresting the criminal suspect, prosecutors consider the necessity of arresting and prosecuting the suspect and the People's court to sentence the criminal suspect. Therefore, the establishment and implementation of the system plays an important role in legal system."Code of criminal procedure" that our country revised in 2012 exclusively established a chapter named "the litigation procedure of minor's criminal cases". It is the first time to establish the social investigation system of minors in the form of fundamental law and it is a great progress in lawmaking. But the stipulation of this institution in the new "code of criminal court" are too principled and general. The related judicial explanation and the stipulation of administrative regulation is also misty, lack of maneuverability, which makes this system meet with many problems in juridical practice, such as the subject of the social investigation is disunity, the content of the survey isn't standard, the procedure isn't complete, the legal attributes of the investigation report isn't explicit etc. Therefore, it needs further theory study and practical exploration to solve.Basing the basic meaning of the social investigation system, this text analyzes its theory foundation and legal basis in the way of the legal theory and legal basis. It also explains the value and significance of this system. The text analyzes the system of social investigation in foreign countries and contrasts and combines the present situation of the social investigating system of criminal cases implemented in the basal procuratorates. And this text focus on the problems that exists in the investigating work and put forward the feasible suggestion of constructing the social investigation system of minor's criminal cases.This text discusses this problem from four aspects, the first chapter is an overview of the social investigation system. Through the analysis of the concept of the social investigation system of minors, this text reveals the theory foundation and legal basis for its existence and clarifies the significance of its existence. The second chapter is the compare and reference of the social investigation system of minors in foreign countries. The author investigates the rules and practices of the social investigation system of minors and primarily compares the related system of the Anglo-American laws and mainland laws, which provides a useful reference for our country's legislative and judicial practice. The third chapter is the analysis of the real situation of the social investigation system of minor's criminal cases. The author describes the exploration of the social investigation system in various regions of our country. After that, basing on the implementation of the social investigation system of minors in basal procuratorate where I am working, the author analyzes the difficulties in the implementation of this system and the main reasons in the context of the current "Code of criminal procedure". The fourth chapter is the suggestion for the perfection of the social investigation system of minor's criminal cases. Basing on the above issues mentioned in the last chapter, the author puts forward the following suggestions about the improvement of this system:convert the investigators' main idea, unify and perfect legislation (the subject, the start time, the content and the way, the legal attribute of the report should be explicit), perfect the investigators' protection mechanism and supervision mechanism, internal coordination mechanism and so on.