Research On The Social Investigation System Of Juvenile Criminal Cases In My Countr

Protecting the healthy growth of minors is to safeguard the future of the country.In recent years,China is gradually strengthening the protection of minors,but with the rapid development of social and economic development,the crime situation of minors is becoming more and more complicated,so how to better protect the legitimate rights and interests of minors and guard the healthy growth of minors has become a key concern of all sectors of society.2012 Criminal Procedure Law Article268 provides at the legal level for the social investigation of criminal cases of minors Article 268 of the 2012 Criminal Procedure Law provides for a social investigation system for juvenile criminal cases.Social investigation of juvenile criminal cases refers to the investigation conducted by a professionally qualified investigation body into the learning and living environment,family education background and whether the juvenile has repented after committing the crime,so as to assess the personal danger and social harm of the juvenile involved in the crime,make recommendations on the handling of the case and produce a professional investigation report,which is then used in the criminal proceedings.The system is used throughout the criminal proceedings.This system is effective in protecting and educating minors involved in specific cases and in preventing them from committing further offences.The social investigation system started late in China,and before it was incorporated into the Criminal Procedure Law,innovative attempts were made in various parts of the country.Among them,the provisions and explorations in practice regarding the social investigation system in Changning District,Shanghai,Lankao County,Henan Province,Shapingba District,Chongqing and Jiangsu Province are very representative and not only have their own characteristics,but also have reference value for the further improvement of the social system for juvenile criminal cases in other regions of China.Although the social investigation system has been formally confirmed at the legal level,the relevant provisions are still too principled and not very practical.A search on the China Judicial Documents website using "criminal" as the subject of the case,"minor" and "social investigation report" as keywords,and further analysis of the search results In the application of the social investigation system in specific cases,there are still many problems in the subject of social investigation,the procedure of social investigation,the legal status of social investigation reports and the supervision of social investigation,which seriously affect the effectiveness of the system in judicial practice.Therefore,by analyzing the theoretical basis of the social investigation system,and after sorting out the current legislative status of the social investigation system in China,this paper examines the relevant legislation and judicial practice of the two major legal systems in the light of the practical operation of the social investigation system,and summarizes what can be learned from it in China,and then puts forward suggestions for improving the social investigation system for juvenile criminal cases in China.