On The Judicial Application Of Social Investigation Report Of Juveniles

The social investigation report of juveniles is an important basis for the judicial organs to deal with the criminal cases of minors.It has important practical significance for ensuring the legitimate rights and interests of juvenile suspects and defendants and guiding judicial practice.After decades of hard exploration,the social investigation report system of minors in China has made great progress in terms of enforcement,coverage and procedure setting,but there is still a big gap compared with developed countries.In order to ascertain the cause of such gap,the author choose the public security organs,China's western city of L S province procuratorates and courts as the research object.Based on the statistics of 2013-2016 years' criminal cases in the city,the author carried out a 3-month field survey.The author carries out a thorough investigation and research by means of consulting the files,tracking typical cases,issuing questionnaires,and interviewing the front-line staff.Through the investigation,it is found that there are many difficulties in the application of the juvenile social investigation in our country.Through investigation,we find that there are still many difficulties in the process of judicial application of minors' social investigation report in China.The most obvious predicament is the unreasonable mechanism of the current social investigation report,including unsuitable Investigators,incomplete Investigators,ununified survey content and format which seriously affects the quality of social survey report of minors.Secondly,the understanding of the investigation report is not in place,including the unclear understanding of the legal nature and the legal role of the report,which affects the quality of the report and its reference role as a case handling case.Thirdly,the social investigation report of the lack of corresponding security system in the judicial process,such as social investigation funds and insufficient staff reserves,social investigation personnel rights and obligations is not clear,the lack of a unified coordination mechanism,also influence the effect of the judicial application of the social survey report.The article studies through theoretical overview,comparative study and field research,and puts forward specific ideas for improving the judicial application of juvenile social investigation report.First,guided by the theory of “Parens patriae”,the article unified the understanding of minors' social survey report,emphasizing the maximization of children's interests,the individualization of criminal justice and the rejection of retribution.Secondly,according to the practical experience of the L city and the analysis of the mode of government purchase,it is suggested that the function of the social investigation should be entrusted to the neutral third party organizations.Thirdly,by drawing lessons from other areas at home and abroad,the contents of the social survey report of minors are enriched.And according to the practical experience of L city and Beijing,a template for the social investigation report of minors is formed.Finally,in order to play a referenced role in the judicial practice of social investigation report,the court status,rights and obligations and court appearance mechanism of juvenile social investigators should be established.