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Research On The Social Investigation System Of Minors Involved In Crimes In My Country

Posted on:2018-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:R R CuiFull Text:PDF
GTID:2436330548996754Subject:Law
Abstract/Summary:PDF Full Text Request
The social investigation system is an important part of juvenile justice system and one of the important bases to measure the perfection of the juvenile justice system of a country.Because of its own physiological and psychological characteristics,juvenile delinquency should be saved,education,and sensitization in accordance with the principle of "education priority and punishment as auxiliary".For related crime minors to carry out the social investigation,in the process of juvenile criminal cases for fair and objective evaluation of the behavior of minors to provide the reference basis,is advantageous to the maintenance of justice,protecting the legal rights and interests of minors,to the healthy growth of minors has played an important role.involved in the crimes of minor social investigation system refers to the juvenile criminal lawsuit process,the relevant departments,organize related crime minors except crime basic situation of the previous investigation,and professional and objective evaluation to make written investigation report,such as judicial organs conviction and sentencing,corrective provide decision-making reference.Wade sin minor social investigation system profound theoretical basis,including national consortium theory,theory of child welfare and structure function theory,promoted the related crime minors further perfection and development of the social investigation system.On sin,the value of the minor social investigation system embodies the fairness of the criminal policy of tempering justice with mercy and justice,and truly realize the related crime minors "education,punishment subsidiary" principle,embodies the juvenile justice of procedure justice and entity justice.the criminal procedure law in our country currently involved crime minors has carried on the clear social investigation system,but did not specify the details of the system,resulting in around the operating level each have differences,formed the different local features.It plays a big role in improving the current social investigation system in China,but the problems can not be ignored.If the investigation subject is different,the main body is confused,the content of the report is different,and the legal attribute is inconclusive,which leads to the failure of the system to play its due role in practice,which can not fully realize the value.according to the present our country related crimes of minor social investigation system existing problems,and draw lessons from foreign experience of the system,this article put forward to further improve the system must include the following basic principles:principle of legality,the principle of comprehensive survey,the principle of neutrality,individualized principle,the principle of confidentiality.Concrete Suggestions on practical level:the investigation subject should be passed by judicial organs entrust or hire,entrust a specialized social organizations to carry out the survey,and through the selection,selection,the professionalism of the professional training methods such as security investigators.Interventional procedures are different according to the different stages of criminal proceedings in different,divided into the initiate an investigation,examination and prosecution,trial,and implementation of the four stages,reflect social investigation as a compulsory measure,a charge,correct education,reference value and significance.The method of investigation is mainly through the way of field investigation,and timely collation and analysis.Investigation report should be objective and neutral,scientific production,content is not only to the subjective vicious minors,social risk and risk again,should also include the final treatment of judicial Suggestions,etc.In carrying out the social investigation into the criminal underage,it should also accept the supervision of the entrusted organ,the defense and the defense and the society.In addition,the related crime minor social investigation report in different stages of litigation as the pre-trial stage,trial stage,executing stage,should play a different role,further promote the system to get more widely applicable.
Keywords/Search Tags:The criminal underage, Juvenile justice, social investigation, System consummation
PDF Full Text Request
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