Study On Social Investigation Report System Of Juvenile Criminal Cases In The View Of Evidence Law

The newly revised criminal procedure law of the People's Republic of China(Hereinafter referred to as "Criminal Procedure Law")has set up the special section of "juvenile criminal procedure" in the fifth edition.This chapter contains 11 laws,and clarifies the principle of "education as the main and punishment as auxiliary".It can be seen that Chinese legislators attach great importance to the protection of the interests of juveniles.Among them,Article 268 establishes the legal status of the social investigation report system for juvenile criminal cases(hereinafter referred to as the social investigation report system).However,the provisions of article 268 are too principled and lack of operability.The new "criminal procedural law",about a minor criminal case social investigation report(hereinafter referred to as the social investigation report)whether belongs to the evidence,and how to determine the probative force of social investigation report,did not make further provisions.The theory of law in China has not formed a unified view,which leads to the fact that the social investigation report in judicial practice cannot be applied well in the sentencing link,and it cannot play its due effect.Therefore,it is necessary to study the social investigation report deeply.At present,the doctrines that are mainstream in the theory circle include the "reference material theory" and "evidence theory” about of whether the social investigation report belongs to the evidence.This article endorses the "evidence theory".From the perspective of jurisprudence,the social investigation report has three attributes: relevance,objectivity and legitimacy;From the practical point of view,in judicial practice,there have been many precedents to use it as evidence and carry out many judgment cases for cross-examination.Therefore,the social investigation report belongs to the evidence and should be carried out cross-examination during the trial.According to the evidence theory,the social investigation report neither belongs to the character evidence,nor does it belong to the opinion evidence.In addition,the social investigation report is unified and it belongs to the sentencing evidence.There are still many problems in the social investigation report system of juvenile criminal cases in China in the judicial practice,such as imperfect legislation system,the investigators comprehensive quality is not high,the investigation report quality is not high,the irregular procedure of investigation procedure and cross-examination procedure,etc.Based on the practice of judicial practice and drawing on the legislative experience and judicial experience of foreign developed countries,this article puts forward corresponding rationalization proposals,so as to establish the evidence attribute of social investigation report at the legislative level,and effectively improve the validity of the social investigation report in judicial practice.This article consists of four parts.The first part elaborates the general theory of the social investigation report system from the perspective of the connotation of social investigation report and the function of procedural law.It also expounds the legislative and judicial experience of the social investigation report system in the United States,the United Kingdom,Germany and Japan,and to summarize the contents worthy of our reference in these experiences.The second part analyzes the nature of social investigation report: Firstly,it introduce the theory of law of two different theories-"reference material theory" and "evidence theory”,and then on the basis of affirming " evidence theory”,to analysis the social investigation report has three attributes,relevance,objectivity and legitimacy of evidence,finally,from the practical point of view to demonstrate the evidence attributes of the social investigation report.The third parts explores the evidentiary attributes of the social survey report from a number of angles and concludes that the social investigation report neither belongs to the character evidence,nor does it belong to the opinion evidence,but it is the unification of the sentencing evidence.The fourth part analyzes the problems existing in the social investigation report system of juvenile criminal cases in China,and proposed the corresponding rationalization proposal from the Angle of evidence law,including perfecting evidence legislation,standardizing the forensics subject qualification,to perfect the report content and form,standardizing the procedures for obtaining evidences,standardizing the procedures of cross-examination,etc.In order to improve the system of social investigation report,the evidence function of social investigation report should be given full play.