Empirical Analysis Of The Juvenile Criminal Social Investigation System

The juvenile criminal social investigation system is used in criminal cases involving minors,which aims to reflect the internal causes of juvenile delinquency by investigating the related factors of minors.Its main contents include several special investigation and analysis conducted by specialized institutions on juvenile suspected of crime in terms of personal characteristic,family situation,social interaction,growth experience,and the before and after accused crime performance.Then the systematic personal risk assessment is estimated to produce a written social investigation report,which could be advantageous for public security organ,procuratorial organ and judicial organ as important reference factors to make a decision or ruling.Moreover,the special judicial system could also assist to recall,judge,help and educate executed and delivered minors.However,the application of this system in judicial practice is not optimistic.This article takes out 100 juvenile social investigation reports in minor criminal cases from public security organs as research object for empirical analysis,it is concluded that many problems andshortages exist in the practical application of juvenile criminal social investigation system.Firstly,the producing format of report document is nonstandard,simplified and modularized.Some documents only show the stamps of neighborhood committees and village committees without any comments.Secondly,in judicial practice,a unified recognition on the evidence character of the juvenile criminal social investigation system has not been put forward,in other words,it is still unclear what kind of evidence the system should be listed,resulting in lack of evidence and sentencing value of the reports in court.Thirdly,the specialized institution which should be in charge of making the social investigation report is not explicitly stated so as to lead to lack of supervision.In real life,public security organs often take the main role to complete the social investigation reports.Sometimes,individual procuratorial organs and judicial organs may conduct their own investigations,or they may use social organizations to conduct investigations.All these unreliable factors,combined with preconceived impression of involved crime minors,have a negative impact on the authenticity,comprehhensiveness and accuracyof the social investigation which is supposed to accurately reflect on the real situation of minors.It can be said that these problems make the juvenile criminal social investigation system fail to give full play to its due judicial effect.Therefore,to perfect the juvenile criminal social investigation system,we must first define its evidence attributes to achieve the reference of sentencing.Meanwhile,we should introduce the appropriate third party by the mode of government purchasing social services to meet the objectivity,authenticity and legitimacy of the social investigation report.In the process of the trial,the procuratorial organ and the judicial organ should conduct adequate review and proof of the investigation report so as to strengthen the evidence attribute and enhance the persuasiveness of the social investigation report.Last but not the least,the supervision body should be specified to improve the legal supervision of minor social investigation report so as to help with the evidence cognizance in judicature practice and then the juvenile criminal social investigation could become an important part of the juvenile criminal justice system.