On The Social Investigation System Of Criminal Cases Of Minors

Social investigation system of juvenile criminal case refers to overall, wide and comprehensive social investigation, carried out by proper subject, on crime-related juveniles entering criminal judicial procedure, and the social investigation report ,according to analysis and evaluation on investigation results, so as to be the important reference of individual criminal handling of crime-related juveniles and well-directed correcting by judicial personnel, therefore, to achieve protection of juveniles at utmost. In 2012, during the amendment of Criminal Procedure Law of the People's Republic of China, "Procedures for Juvenile Criminal cases" was singled out. Article 268 stipulates: when handling juvenile criminal cases,a people's court,a people's procurator ate, a public security authority may, according to the actual circumstances, investigate the growth, abuse of crime, guardianship, education, and other aspects of the juvenile suspect and defendant. Judicial authorities like Supreme People's Court and Supreme People's Procurator ate as well as relevant authorities like Ministry of Public Security and Ministry of Justice, have published laws and regulations as well as judicial interpretation in order to implement this system well. Social investigation system is still on exploration stage. As it covers a wide range,this system in its practice has many deficiencies,such as multiple and confused investigation subjects,the improper application of itself,disunity of characterization and recognition of the report on investigation and evaluation.There are three major reasons lead to the deficiencies of the system. Firstly,the stipulations of the new Criminal Procedure Law are too ambiguous. The different legal texts on this system are not the same, even colliding with each other. Secondly, judicial organs and personnel at different levels have no common ground on system operation.Thirdly, corresponding cooperation mechanism and work pattern are insufficient among relevant organs and departments. The above reasons bring about constant quests and attempts, conducted by different organs and judicial departments at various areas according to their own actual conditions, on the selection of investigation subjects, proper application of the system, as well as the legal characterization and recognition standards of the report on investigation and evaluation. As regards the investigation subject,there are three major patterns: separate investigation by a people's court,a people's procurator tee and a public security authority; commissioned investigation by a people's court, a people's procurator tee and a public security authority; and the combination of separate and commissioned investigations. As for the characterization and recognition standards on investigation and evaluation report, several opinions exist in the theoretical and the practical circles. The main two categories are as follows: 1) the above-mentioned report,which belongs to no category of the eight evidences stipulated in Criminal Procedure Law, cannot be taken as evidence but the reference of measurement of penalty; 2) the above-mentioned report can be taken as evidence for it possessing three natures of evidence. The second category also can be classified into two opinions: 1) the report is character evidence; 2) the report is an evidence of measurement of penalty, as opposed to conviction evidence proving the facts of the case. It is expert evidence. The author supports this opinion.According to the deficiencies of the social investigation system in our judicial practices, the author will put forward advices to perfect this system, by comparison and demonstration with legislative design of similar systems in the USA, Germany, Japan and Taiwan. Firstly, the social investigation system should apply to the basic principle, i.e.two-way protection principle and overall investigation principle. Secondly, Specific design of the social investigation system will be given through investigation subject, object,context and procedure. Thirdly, the analysis of evidence nature of the social investigation report proves that social investigation report is expert evidence and can be used as evidence. Finally, combined with our judicial practices, several suggestions will be put forward to insure the authenticity of social investigation report.