Analysis Of Evidence Law And Application Of Justice In Minors' Social Investigation Report

Juvenile criminal justice social investigation system is a special procedure for juvenile defendants,in order to achieve the protection,rescue and education of minors,the specific litigation function,it is mainly to cause minors to commit criminal behavior of the subjective and objective causes and the formation,development,evolution of the whole process,as well as the juvenile delinquency personality has had an impact on the person,All relevant circumstances of the event to carry out a comprehensive and detailed investigation,when necessary,can also carry out medical,psychological and psychiatric professional identification,in order to effectively play the function of this system,social investigation adhere to the comprehensive and meticulous principle,in the content,including the juvenile offenders personality characteristics,growth experience,education,guardianship,Family environment,Social intercourse,consistent performance,the attitude of repentance and so on all aspects of juvenile offenders of information,through the case,investigation,arrest,Review and prosecution and the whole process of carrying out social investigation,the juvenile Offender's personal risk,social harmfulness and responsibility of the degree of comprehensive assessment,as a public security organs,The Procuratorate and the court are based on their respective litigation functions and take measures and sentencing decisions for the individual criminal office of Minors.It can be said that this system is our country to implement the juvenile criminal Justice "education,rescue" policy approach and to rectify the benefits of rehabilitation important support.Criminal proceedings in 2012 increased the content of juvenile criminal cases,the first time the juvenile criminal Justice social investigation procedures of the legal and institutionalized,it shows the state of concern for adolescents,but also the result of human rights guarantee development,as one of the proceedings,the social investigation system has become a special system of juvenile criminal proceedings,It embodies the characteristics of minors as the core of the individual punishment,the maximum protection,education,saving the concept of minors,with the juvenile justice system has a natural matching,with the improvement of juvenile criminal justice procedures in China to promote the development of juvenile criminal justice process,is a universal system of juvenile criminal justice,but because the law does not clearly define its legal attributes,the basic content,necessity and reference value of the social investigation report are roughly stipulated,so that the social investigation report can be used in practice,the various regions cannot be unified,and it is difficult to realize the value of litigation Procedure.therefore,it is necessary to make clear the functional orientation and legal attributes of the social investigation report in the special procedure of minors,the author will start from two links of pre-trial procedure and sentencing procedure,and study the evidence qualification of the investigation report separately,after clarifying its evidence attribute,Further standardizing the judicial application of the juvenile Social Investigation report in the criminal procedure,provides a feasible operation path for the judicial practice Application.