Empirical Analysis Of Minor Criminal Cases' Social Investigation System Set Linxia Prefectural Procuratorial Organs Of Gansu Province As Example

The article adopts empirical research,taking judicial practice of the procuratorial organ in Linxia Hui Autonomous Prefecture,Gansu Province as entry point.By analyzing judicial practice of criminal investigation system of the juvenile criminal cases in Linxia Prefectural procuratorial organ,the author finds out current problems and shortcomings in primary judicial practice of the system.After profoundly analyzing causes of the problems from different levels,the author puts forward targeted suggestions for further improving social investigation system of Juvenile criminal cases in China to comprehensively and scientifically give play to positive effect of social investigation system of juvenile criminal cases,to promote the effective correction of juveniles involved and to make them re-integrate into society successfully and restart normal study,work and life.The first part briefly introduces content and value of juvenile social investigation system.Social investigation refers to in the process of dealing with juvenile criminal cases,public security organs,people's procuratorates,and people's courts,in addition to facts of the case itself,can follow the regulations and procedures to conduct comprehensive and thorough survey on subjective and objective factors of juvenile suspect,the accused's growth experience,living environment,family relationship,special personality,occupational status,criminal reasons,guardianship education,correction situations according to specific circumstances of the case.On the basis of the above,they conduct scientific,in-depth and professional analysis and judgment on the causes of crimes,personal danger and social dangers of minors involved and then put forward treatment suggestions and make professional written suggesting reports to provide legal authority for prosecutors to make decisions on arresting juvenile suspects or not,prosecutingor not,for judges accurate sentence and follow-up correction education on juvenile accused.The establishment of social investigation system plays very important practical significance in the juvenile justice process: first,the social survey of minors involved helps to better realize the ultimate value of punishment;second,the social investigation of minors involved contributes to the realization of China juvenile criminals judiciary work principle Education-based and Punishment-assisted";Third,it is conducive to the unity of substantive justice and procedural justice.The second part mainly introduces the basic situation of juvenile crimes in Linxia Prefecture from 2012 to 2017.It gives detailed statistics on the number of juveniles involved,the types of juvenile crimes,form of crimes,the motives of crimes,age,gender,identity,education level,family background,and residence status of juvenile offenders and points out main features reflected in the data.The third part mainly introduces specific practice on social investigation system of juvenile criminal cases of Linxia prefectural procuratorial organ and further elaborates,analyzes and demonstrates main problems,causes existing in the current judicial practice.The fourth part mainly says judicial practice in some parts of China and the judicial practice of social investigation system of juvenile criminal cases in Hong Kong,Macao and Taiwan and some extraterritorial countries and the enlightenment to us.The author believes that the main inspirations for us are: juvenile justice should uphold the principle of children's interests first and the concept of restorative justice,that is,the purpose of juvenile justice is to influence,educate and correct teenagers against the law;to establish unified and completed juvenile criminal legal system;to apply non-custodial sentences in the field of juvenile criminal justice by a large number.And the main body of the social investigation are specialized agencies or full-time personnel,the content of the investigation is a comprehensive personal circumstances investigation of juvenile offenders;the investigation generallyadopts the method of direct investigation and the conclusion of social investigation provides important references for the judge to convict and juvenile defendants and subsequent education.The fifth part aiming at the main problems existing in current social investigation of criminal cases in the primary judicial organs,drawing on the typical practices of some parts in China and other countries in judicial practice,it puts forward suggestions to improve social investigation system of juvenile criminal cases in China.The smooth operation of the social investigation system of juvenile criminal cases must promote the juvenile criminal legislation,establish unified juvenile legal system,set up a full-time juvenile judiciary,and establish a professional and quality juvenile criminal justice team,establish diversified starting subject and unified investigation subject;set up full-time social investigator and must regulate the procedures of social investigation of juvenile criminal cases;must regulate the content of social investigation reports,and clear and definite character of investigation reports;must establish a supporting mechanism to improve the social investigation system.