Research On Several Issues Of The Social Investigation System Of Juvenile Criminal Cases

Minors are more likely to crime if they are affected by negative factors in society because of their immature mental physiology and lack of legal awareness.From the perspective of social governance,how to adapt to society after they are released from prison is a serious problem that should be considered because most juvenile offenders are not serious offenders and the reduction of sentence is higher than adults during their serving time.Therefore,punishing crime is not the key to controlling and reducing juvenile delinquency,nor the final goal.While crime prevention is what we must do.The social survey system for juvenile criminal cases is to investigate juvenile criminals’ specific characteristics and growing environment,and then form an investigation report.After specific procedures,it is applied to sentencing and correction of individual program.The system involves a number of criminal justice phases such as court trials,trial cross-examination,and penalty execution,plays an important role in minors’ sentencing and community corrections.The system originated in the United States in the 19 th century and was developed in Germany,Japan,and the United Kingdom later.In recent years,China has also made explorations on this system,but there are still some limitations and problems.Based on the origins,development and current status of the social survey system for minors,this paper focus on the exploration in D city of S province,and proposes the common problems of the system.After deep analysis,this paper proposes recommendations on the current system.It is divided into four parts:The first part is an overview of the social investigation system for juvenile criminal cases.It introduces the theoretical concept and current practice of this system by introducing its origins in foreign countries,relevant viewpoints and four domestic practice models,which raises the meditation of the current problems in this system.The second part is the practice in the D city of S province.This part mainly presents the practical background of social investigation system.It analyzes the regional characteristics of D city,the overall case’s data,typical cases and the practice of social investigation.It focus on the analysis of specific case and data,which provides practical reference on the common problems and the problems’ reasons of the current social survey system in China.The third part is the analysis of the practical difficulties of the social survey system for juvenile criminal cases.Through the analysis of the social survey in D city of S province and the insights in juvenile justice work,it points out the common problems in the social investigation system,including the low suitable rate,the confusion of the executive subject and the startup subject,the lack of the resources,he loss of the investigation procedure,the selectivity of the survey object,the lack of professionalism and scientificity of the survey method,the formalization of the survey content,the lack of evidence attributes of the survey report,and the poor coordination of off-site surveys.The reasons for the above problems are mainly due to the fact that the legal provisions are too crude,the departments of the Public Prosecution and Legal Department have low recognition of juvenile justice concepts,social support systems such as departmental resources,social workers,volunteers and other resources are scarce,and the juvenile criminal punishment system is imperfect.The fourth part is to propose the recommendations.Based on the situation in China,it puts forward methods such as accelerating the legislative process,clarifying the investigation subject,perfecting the investigation procedure,innovating the investigation method,enriching the content of the investigation report,establishing the investigation procedure of the investigation report,and establishing the evaluation and management mechanism.In particular,in terms of clarifying the subject of investigation,it has proposed the "1+1" double subject investigation mode in which the internal organs of the judiciary and the judicial social workers make the social investigations together.Focus on the improvement of the system,it provides suggestions for the development of the social investigation system for criminal cases of juveniles in China.