The Study On Social Investigation Of The Criminal Penalty Application Of The Juvenile

Juvenile crime has become a invisible danger of social harmony, the high rate of juvenile crime gets an increasing focus of the whole society, which also becomes a problem for legal theory and judicial practice in long terms. The thesis analysis the circumstance though the current situation of juvenile delinquency and penalties application.because of the influence of traditional doctrine of severe punishment, our nation doesn't pay enough attention to the non-prison disposal measures, Juvenile Delinquency penalty system is still not fully reflect the protection of juvenile and education, therefore,this article tries to start from the viewpoint of juvenile characteristics and the justice and modesty of the criminal law. To discuss one of the theoretical basis of teenage non-punishment--- Social Survey System. Currently, criminal Social Survey System has been widely used in the field of juvenile criminal trial.It has been proved in recent years that the social investigation system plays an active role in the individual punishment and correction of juvenile offenders. However, due to the laciness of legislation and scanty social security system, system of social surveys has encountered many problems in real operation. it can't effectively work, so it is very necessary to explore many procedures like the legal nature and the legislative rules as well as the implement process, in order to improve the system in the further way. Social Survey System highlights the education and protection of teenagers, emphasizing the non punishment measures. By evaluating the criminal defendant's personal danger and expanding the rate of probation and confine, thus, to reduce the application of the traditional prison to a minimum, meanwhile. The social survey system weakens the Execution sector's close. and expands active relationships between juvenile offenders, execution authorities and the society. Making the crime duty more reasonable, humane and non-penalty, Shaping the juvenile offenders with normal beliefs and personality and promoting their paces with the social development and a smooth re-socialization. So as to maintain the social stability and order, in this way to create a good environment. in the economic, political, cultural development and other aspects.