Research On The Social Investigation System Of Juvenile Criminal Cases

The With the continuous maturity and perfection of the legislation,China revised the criminal procedure law in 2012,and specifically stipulated the special procedures of criminal proceedings in the fifth part.This special procedure is the juvenile criminal proceedings,such provisions reflect the state in the criminal proceedings of the criminal protection of minors.Social investigation,as a basic system in the legal proceedings of juvenile criminal cases,plays an important role in the judicial organs' comprehensive understanding of the causes of juvenile crime,and the implementation of the policy of"education,probation and rescue" and the principle of "mainly education and partly punishment".,however,because of the limitation of related legal law of development of social investigation system of the regulation of the new system too directivity and principle,the lack of actual operation of specific guidance,leading to the judicial organs in practice,give full play to the initiative,creativity,and adopted different ways of working,different regions in the body of the social survey,investigation procedures,content,survey method,survey the definition of the nature is not the same,the present state of disparate,there is no uniform standard,seriously affected the law of the unity,authoritativeness and fairness.Therefore,it is of great significance to put forward Suggestions on improving the social investigation system based on China's national conditions,in view of the problems discovered and referring to the mature experience of foreign countries.The first part of this article,based on the existing criminal procedure law and the criminal procedure rules of the supreme people's procuratorate and other relevant laws and regulations,introduces the general legal principles of the social investigation system of juvenile criminal cases.Including the basic meaning of the social investigation system of juvenile criminal cases,the academic circles and the judicial organs have discussed the value of the social investigation.The second part of this article mainly through to the outside a minor criminal case social investigation system,the comparative study of Britain,the United States,Germany and Japan the practice of the four countries,contrapose t Anglo-American law system and continental law system of the system of the practical situation,lists the common characteristics and personality traits,and to perfect the system of social investigation in our country to provide important reference below.The third and fourth parts of this paper,starting from practice,analyze the current situation and problems of the social investigation system of juvenile criminal cases in China in detail,and propose feasible measures based on the actual inspection work.This paper comprehensively expounds the practices of Beijing model,Shanghai model,yunnan model,shenzhen model and the people's procuratorate of sliding county,and describes the implementation status of the system in China with points and planes,confronting the difficulties,deeply analyzing the causes and exploring the system defects.Based on procuratorial work,this paper puts forward Suggestions on improving the social investigation system of juvenile criminal cases in China from five aspects,including clarifying the subject of social investigation,improving the initiation procedure of social investigation,expanding the content of social investigation,enriching the methods and means of social investigation,and determining the effectiveness of social investigation reports.