On The Improvement Of The Social Investigation System Of Minor Criminal Cases

According to the provisions of Article 279 of China's "Criminal Procedure Law",in the process of handling criminal cases involving minors,public security organs,people's procuratorates and people's courts can all deal with minor defendants or criminal suspects.Conduct investigations,including their growth experience,guardianship education,and crime reasons.The social investigation system of juvenile criminal cases,whether in the civil law system or the judicial practice of countries in the Anglo-American law system,has been proved to be critical in the education and protection of minors,and the prevention of re-criminals involving minors.Since the system started later in China,the legal provisions are more general,and the practice in different places is different.Many problems have arisen in the practical application of the system: On the one hand,in terms of legislation,China's current laws on social investigation systems are relatively simple,and there are no clear regulations on the time when the social investigation is initiated,the subject of the investigation,and the form and content of the social investigation.In addition,the optional provisions applicable to the social investigation system have also led to different practices in various places,which hinders fairness;In judicial practice,due to the control of China's current household registration system,many minors who commit crimes in different places cannot be included in the scope of local social investigation,losing the original intention of the system.In addition,the weak awareness of the case-handling personnel on the protection of the rights of minors makes the system's role very limited.This article first takes Wu as an entry point,and gives a brief overview of the social investigation system for minor criminal cases in China.Secondly,it analyzes the social investigation system of minor criminal cases in China,and summarizes and summarizes the main problems.Finally,by cross-contrasting the legislative and judicial practice experience of the two major legal systems on behalf of the country,we believe that China can emphasize the applicationof the system and the mandatory time,clarify the start time of social investigations,establish a police cooperation mechanism in the public security system,and increase the awareness of the rights protection of case-handling personnel In terms of improving the social investigation system for minor criminal cases in China,the legal rights and interests of minors involved in crimes are guaranteed,and the further development of juvenile justice in China is promoted.