Research On Social Investigation System Of Juvenile Criminal Cases

Generally speaking,the immature physical and mental characteristics of juveniles determine that the social harmfulness of juvenile delinquency is much less than that of mature adult delinquency.If correct behavior correction and personality remodeling are carried out for juvenile delinquency,it is more likely that they will sincerely repent and return to the right path.This is also the principle of "education first" in practice,The principle of "punishment as a supplement" is the reason for the effective help and education of juvenile offenders.It is true that in order to realize the effective help and education of the minors,we need to understand all aspects of the minors involved in the case.The social investigation system is just a system mode of multi-dimensional understanding of minors.In this mode,the investigators investigate the minors’ personal,family and social relations,so as to dig out the possible motives and causes of their crimes,and then provide effective help for the criminal proceedings of minors.The criminal procedure law of 2012 has made special provisions on the judicial proceedings of juvenile criminal cases,and in article 268[the criminal procedure law of 2018 revised it to Article 279]It is stipulated that the juveniles involved in crime should be investigated in terms of their growth experience,criminal causes and guardianship education.In the final analysis,the social investigation system of minors belongs to the relevant system of juvenile criminal justice.The ultimate goal of using this system is to educate and save the juvenile offenders involved in the case,and to take criminal treatment measures that are both legal and reasonable,so as to promote the rationalization and maximization of penalty benefits.However,the legal provisions of the system in China are still very general,there are no specific detailed provisions,the provisions on the subject of investigation are lack of scientific setting,the investigation content is also lack of unified application standards,especially the investigation report based on social investigation is lack of clear definition,which leads to some problems in the application of the system in judicial practice,and the application rate is different in different regions,Some areas still fail to carry out social investigation on juvenile delinquency cases.In addition,the judicial practice in various regions is complicated,and the specific trend of each juvenile criminal case is different.Therefore,there is an urgent need for effective scientific norms under the provisions of principle.As a system originated from judicial practice,after years of practice in various places,it can be said that this system has a better judicial background in China.But,with the development of the times,cases are becoming still furthur complicated.It is better to conduct a reasonable and correct evaluation and investigation on minors and to practice the system concept on the basis of rich practice,It has become an important topic.Therefore,when exploring the system from the perspective of procedural law,it should be guided by the overall guidelines and principles of dealing with juvenile criminal cases,combined with the actual situation of handling juvenile criminal cases in judicial practice,and moderately learn from the relevant foreign legislation and judicial provisions,To find out the rational reform measures of this system,that is,from the theoretical level,through the scientific setting of the subject of investigation,clear the evidence nature of the report,reasonably determine the specific content of the investigation and the report content,from the practical level,through improving the judicial utilization rate and scientific and reasonable selection of the investigation object and making it effective,In order to promote the continuous development of the relevant theories of juvenile criminal justice in China.