Research On The Subjects Of Social Inquiry For Juvenile Criminal Cases

In 2012,China revised the Criminal Procedure Law.In this revision,special procedure was set for juvenile criminal proceeding,and social inquiry system for juvenile criminal cases was determined in the form of legislation.However,in juridical practice,the juvenile social inquiry system has many problems such as diverse inquiry subjects,unclear litigation status of inquiry subjects and implicit rights and obligations of inquiry subjects.These problems will not only make it difficult to fully realize the judicial value of juvenile social inquiry system,but also generate significant impact on protecting the right of involved juvenile delinquent for criminal procedure.The assistance work provided to the involved juvenile delinquent and return to society,which is obviously against the original intention of legislation.The implementation of juvenile social inquiry system cannot be separated from the subject of it.In other words,the problem of juvenile social inquiry system on the aspect of subject has become a critical problem that has restricted the development of this system in China.Therefore,in this paper,we plan to summarize the problems that encountered by the subject in the legislation and judicial practice of juvenile social inquiry system,which is based on the Criminal Procedure Law(2012),refer to related systems of foreign countries,analyze the cause and propose the solution.In this way,it can provide reference to the work that protects the right of involved juvenile delinquent for criminal procedure in China,provide assistance to the judicial practice in China,and contribute to further regulating the subjects of China's juvenile social inquiry system.The paper mainly consists of five sections in total.Starting from the basic theory of juvenile social inquiry system,we introduce the subjects of juvenile social inquiry and related legislations in foreign countries with mature juvenile judicial system,so that we can find the problems existing in the subjects of juvenile social inquiry in China and provide related solutions and suggestions,making our due contribution to regulating the subjects of juvenile social inquiry in China.Section ? is the Introduction.In this part,we will introduce the subject background and significance,and extend to the research focus and direction of this paper.In Section ?,we will introduce related researches on the basic theories of juvenile social inquiry system for juvenile criminal cases.In this part,we will mainly introduce the juvenile social inquiry system on the three aspects of the overview,theoretical basis and necessity of establishment.Through introduction and analysis of above contents,we can recognize the establishment and improvement process of juvenile social inquiry system in a more intuitive way,and demonstrate the important value of juvenile social inquiry system in judicial practice and the realistic significance to the judiciary authorities to handle the juvenile criminal cases.Section ? is the investigation and enlightenment of the subjects of foreign juvenile social inquiry.By introducing the social inquiry systems in the three foreign countries of the United States,Japan and Germany,we analyze the unique parts and the parts worth]earning from in the juvenile social inquiry systems of these three countries on the aspects of execution subjects,implementation process and related legal system.Based on that,consideration can be made on the problems and feasible solutions of the subjects of juvenile social inquiry system in China.In Section ?,we analyze the present situation and problems of the subjects of juvenile social inquiry for juvenile criminal cases in China.In this part,with the Criminal Procedure Law revised in 2012 as the timeline,we mainly discuss the legal and regulatory documents,department regulations and judicial practice related to the subjects of juvenile social inquiry system in China,we list the subjects of juvenile social inquiry in China as detailed as possible,and find the advantages and problems of various subjects in legislation and its development of judicial work,so that scientific guidance can be provided to improve and optimize the subject model of juvenile social inquiry in China.In Section ?,we provide suggestion to improve the subjects of juvenile social inquiry for juvenile criminal cases in China.In this part,we propose related countermeasures for improvement according to related problems occurred in the establishment of related regulations and the development of judicial activities of juvenile social inquiry system in China;select from the execution subjects of juvenile social inquiry;build related selection,appointment,management,supervision and sanction mechanisms;determine the litigation status,rights and obligations of subjects of juvenile social inquiry.