On The Improvement Of The Social Investigation System For Juvenile Criminal Cases

To promote minors litigation rights,pushing forward the construction of the juvenile justice system in China in 2012 of the criminal procedure law revised in juvenile criminal case established the system of social investigation in the proceedings.In 2013 and 2015,xuzhou city,jiangsu province tongshan area represented by the judicial organ,social investigation system in the aspect of mechanism,respectively set up the crime of "compulsory transfer rules,all stakeholders" minors into the scope of social investigation,social investigation content provides the open and comprehensive utilization aspects such as social investigation report to refine,enforcement power and right to start and in practice has a traditional part of the cross,the survey form,the evaluation results of different category survey population distribution characteristic is bright,social investigation report results show olive shape distribution characteristics of sample survey system provides local practice for the society.Social investigation system from the aspect of litigation on the minors' rights guarantee and advance,however,subject to the law is too principle,supporting the legal system is not fully follow up,a minor special protection concept,a factors such as the system in the implementation of the existing legal attribute is unknown,whether to start elastic is too large,the start node chaos,respondents selected randomly,secondary damage is serious,the results using the superficial aspects of prominent problems,seriously has restricted the social investigation,give full play to the value of even contrast different level from the special protection of minors.In order to further improve the social survey system implementation effect,enhancing the protection of minors and the effectiveness of crime prevention in our country,should draw lessons from with outside of the United States,represented by practice and criminal procedure law revision before exploration in some parts of the practice in our country,respectively from the clear legal attribute,the right to start with the separation of such investigations,perfect the investigation subject access accountability mechanism,accurate setting social investigation procedure,set up social investigation content and so on five aspects of science,design and promotion,thus to improve the social survey on the positive role of punishing and preventing minor crime,implementation of minors "education,persuasion and save" the policy and the principle of "education is given priority to,punishment is complementary".