Discussion On Juvenile Social Investigation System:An Empirical Analysis Of Legislative Limits And Limitations Of Practice

Article 268 of the Criminal Procedure Law clarify the legal status of the social survey system for minors,it is a summary of the long-term exploration of the theory and practice of criminal proceedings in China,at the same time,it further protects the legitimate rights and interests of minors.The social survey system for minors requires a comprehensive investigation of all information about minors involved in crimes,the results of the investigation play an important role in the various stages of juvenile criminal case proceedings and crime prevention and correction.Current,relevant laws and regulations and judicial interpretation are only the beginning of the social investigation system for minors,not mature and perfect,operability is not strong.Simultaneously,due to historical reasons and regional differences,the standards for social survey systems for minors vary from place to place,different modes,the supporting construction of the social survey system for minors is not complete enough,it is a reality that cannot be avoided by causing the application to be low in proportion and not realizing the value of the system.This paper intends to adopt the structure of"institutional analysis-system application-state induction-legislation and practice design".Through the analysis of the theoretical and empirical analysis of the social investigation system of minors,this paper summarizes the outstanding problems in legislation and practice,and proposes countermeasures..By drawing on relevant extraterritorial legislation and combining practical experience and reflection in various parts of China,how to ensure the universal implementation of the social survey system for minors across the country,and how to turn this principled rule into an operational rule,The trusted mode of social survey of minors is discussed.