Study On The Social Investigation System Of Juvenile Criminal Cases In China

Social investigation system of juvenile criminal cases is an important part of juvenile justice system.China's Criminal Procedure Law(revised in 2012)has added a chapter of "criminal procedure for minors" to incorporate the system into the criminal procedure law,reflecting the special protection of minors in the criminal procedure in China.The social investigation system of juvenile criminal cases,through the investigation of the living environment,growth experience,the situation of the implementation of the crime,the performance before and after the crime,the supporting conditions of returning to the society and other information of the juvenile suspected of the crime,deeply investigates the criminal reasons of the juvenile suspects and defendants,and evaluates their personal danger and the possibility of recidivism.Through the investigation,the corresponding treatment measures and suggestions are put forward,which can provide the corresponding reference for the conviction,sentencing,education and correction of the minors involved in the crime.The investigation object of the social investigation system of juvenile criminal cases is specific,the investigation content is professional,the investigation methods are diverse,and the investigation process is complete.The theories of constitution biology,criminal sociology and penalty individualization provide theoretical support for the system from the perspectives of biology,sociology and penalty respectively,and the criminal policy of combining punishment with leniency also provides policy basis for the system.At present,the legal system of social investigation system of juvenile criminal cases in China is mainly composed of two parts: legal and judicial interpretation,with relatively concentrated text basis.The current system provides for the subject,content and effectiveness of social investigation of juvenile criminal cases.Although the social investigation system of juvenile criminal cases has not been implemented inChina for a long time,it has been explored for more than 30 years.In practice,the expansion and innovation of investigation subjects,investigation contents and investigation methods are the original basis and advantages of optimizing the social investigation system of juvenile criminal cases in China.The comprehensive investigation of static text and dynamic practice shows that there are still some problems in the social investigation system of juvenile criminal cases in China,such as the disunity of investigation subjects,the nonstandard investigation procedures,the unclear effectiveness of investigation reports,and the lack of supervision in the investigation.The social investigation system of juvenile criminal cases in the United States has been explored earlier.Germany and China are both countries of litigation construction of authoritarianism.The social investigation system of the two countries has the characteristics of stable investigation subject,comprehensive investigation content,standardized investigation procedure and clear legal effect of investigation report.It is of positive significance to improve the social investigation system of our country to learn from foreign experience.Combined with the legislation and judicial practice of our country,we can improve and optimize the social investigation system of juvenile criminal cases in our country through four aspects: professional judicial social workers as the main body of social investigation,standardizing the procedure of social investigation,identifying the social investigation report as sentencing evidence,and establishing the supervision mechanism of social investigation.