| The use of the social investigation report of juveniles in criminal proceedings is an important content of juvenile justice.As early as 2012,some places in our country have been exploring specific measures for the use of the social investigation report of juveniles in juvenile justice.Moreover,a more mature approach has been formed.In2012,my country’s Criminal Procedure Law made relevant provisions on the social investigation of juveniles.Since then,various localities have carried out more extensive and diverse explorations.The main line of this article is: based on the current status of juvenile justice in my country,analysis some problems and shortcomings in the use of the social investigation report of juveniles in China.On this basis,the causes of problems and deficiencies are further explored.At the same time,an investigation is conducted on related practices abroad.In the end,it analyzes the countermeasures to solve related problems at the legislative and judicial levels.The details include:In the first part,the author use a case to bring out the problems which would be discussed in this paper.Then the background and the significance of the thesis is elaborated,and the author analyzed the related situation of research as well as the innovation of this paper.In the second part,it has made an overview of the social investigation report of juveniles,mainly about the concept,theoretical principles and mechanism system of the social investigation report of juveniles.In the third part,it analyzes the current status of legislation and practice of my country’s social investigation report of juveniles system.The analysis of the current status of practice is carried out around the three aspects of the application subject,content and procedure of minor social survey reports.On the basis,it also clarified related issues at the legislative level as well as the practical level.In the fourth part,the author analysed the United States’ s,Germany’s and Japan’s real status of the social investigation report of juveniles,and some enlightening contents are obtained,the details include:establishing a comprehensive survey concept,ensuring that the survey is professional,and setting up a social survey as a necessary procedure.In the fifth part,the author put forward some countermeasures which is against related issues at the legislative level and the judicial level,such as clarifying the subject of the social investigation report of juveniles,and optimizing the content and application procedures of the social investigation report of juveniles. |
