Research On The Application Of Social Investigation Reports In Elderly Criminal Case

The production of social investigation reports in criminal justice is an important activity for our country to deal with juvenile criminal cases.Since its implementation,the government has investigated the living environment of juvenile offenders,their personal characteristics,their performances before and after being involved in crimes,and why they committed crimes,and formed written reports to provide references for the treatment of juveniles involved in crimes,and has achieved good legal and social effects.In judicial practice,in order to achieve special judicial protection for elderly criminals,some procuratorates have also begun to explore incorporating social investigation reports into criminal cases involving the elderly.Due to the "small number of cases" in judicial practice and the problems in application of social investigation report,it is not yet mature to expand the scope of application of social investigation report in juvenile crime cases to all crime cases,so this paper intends to expand the scope of application only to elderly crime cases.On the one hand,both the elderly and minors are part of the vulnerable group,and they are weak in the criminal ability to identify and restrain their own behaviors.Moreover,the number of criminal cases of the elderly is relatively small,and the production of social investigation report will not occupy too much judicial resources,and it is highly operable.Therefore,it is completely possible to apply social investigation report in criminal cases of the elderly.On the other hand,China has entered an aging country,and the number of crimes committed by the elderly is also increasing.The application of social investigation report can give reasonable treatment to elderly criminals after fully understanding the situation,which is the protection of criminal justice for the elderly involved and conducive to the inheritance of the legal culture of respecting the elderly.Based on this,the application of social investigation report in criminal cases of the elderly is not only feasible in jurisprudence,but also conducive to improving the quality and efficiency of criminal cases handling of the elderly in judicial practice and promoting the perfection of the legal protection system for the elderly.The full text is divided into four chapters for analysis and elaboration: the first chapter is the overview of the social investigation report of the elderly crime.This part explains the age limit of the elderly,the concept and characteristics of the elderly crime,the meaning of the social investigation report,the existing problems in the application and the expanded application in the current judicial practice,and expounds the theoretical basis of the application of the social investigation report.Chapter two analyzes the necessity and feasibility of applying the social investigation report in the criminal cases of the elderly,and expounds the legitimacy of the application.The third chapter is the application of extraterritorial social investigation report,which analyzes the pre-sentencing social investigation report system of common law countries and the personality investigation report system of civil law countries,and summarizes the experience.The fourth chapter is the concrete construction of the applicable social investigation report of the elderly crime,based on the analysis of the above three parts,from the applicable age of the elderly,the subject of the investigation,the content of the investigation report,the investigation report review and other aspects of specific ideas.