Study On The Social Investigation System In Juvenile Proceedings

The Social investigation System in juvenile proceedings is an important part of the juvenile justice system. Its essence is the emphasis on respect and concerns for individual offenders, and the stress of the real justice in Criminal Law. Different from the investigation of crime, the social investigation will turn to the juvenile offenders, and try to learn their criminal background. However, Chinese social investigation has many weaknesses in the legislation, program design, protective system. To a certain extent, it has not developed into a true system, so it cannot achieve the desired effect. It is said that theory can guide practice. In the virtue of the research on the system, we can find out the problems in the legislation and practice. On the premise of understanding the problems, we can make out some self-improvement proposals in order that the social investigation can become our formal legal system.The article is divided into four chapters, a total of 30,000 words:Chapter one is the overview of the Social investigation System. The Social investigation System is a reflection of the principle of"Comprehensive investigation"in the juvenile proceedings. Different from the investigation of crime, the social investigation will turn to the juvenile offenders, concern about the subjective and objective reasons for juvenile crime, investigate personal characteristics of juvenile crime, analyze the dangerousness, and then help to select the appropriate transformation and correction measures. The social investigation system has distinct characteristics in the applicable scope, the subject of the investigation, the survey content, the survey method and the survey purposes. The social investigation system has particular value that is not available in criminal investigations. The value lies in the conviction and sentencing, education and treatment, resolution of the contradictions and so on. In the long term, the development and improvement of the system can accumulate experience for its extension to the general criminal cases and the reform of our Sentencing procedures. The social investigation system at the same time has a clear justification. In reality, it adapt to the special body and mind of juvenile suspected and accused; In theory, it is consistent with the character behavior theory, the punishment individualization theory, education punishment theory, and re-socialization theory.Chapter two is comparative study of foreign social investigation system. In the foreign countries that have a more mature juvenile justice system, they also have a more complete and mature social investigation system. By comparative study of four representative countries from two schools abroad such as America, Britain, German, Japan, it is easy to see some regularity. First, the specialized juvenile courts were created to deal with juvenile cases. Second, the social investigation is an essential procedure in the juvenile proceedings. Third, the social investigation is the power of office. Fourth, the social investigation runs through the whole process of criminal proceedings. Fifth, the methods of the social investigation are diverse and scientific. Chapter three is the status of the social investigation system in China. By sorting out the legal basis and analyzing the practice of courts in five provinces in China, this article concludes six aspects of problem. First, the provision is in low legal position, and is authorized norm. Second, the objects are limited and the start-up is later. Third, the subject is multiple and their litigation status is unclear. Fourth, the content of the investigation report is not unified and its legal property is in dispute. Fifth, the investigation procedure is imperfect and criminalized.Sixth, the methods of the social investigation are traditional and single.Chapter four is the improvement proposals of the social investigation system in China. In view of the problems, we can learn from foreign experience and then put forward improvement proposals. First, elevate the legal position of the system. This can take two ways: first is to draw up special law relating to minors; second is to establish the provision of the system in the Criminal Procedure Law.Second, improve the function and the staff of juvenile courts. For the purpose that the social investigation can become a systematic and comprehensive system, we must broaden and deepen the field of juvenile court. The trial court should not only be responsible for the trial of juvenile delinquency cases, but also be responsible for the juvenile protection, judicial assistance, education and supervision. In the juvenile court staffing, we can establish the social investigator who is independent of trial judges. In this way we can ensure the independence of the judges.Third, absolutely separate sentencing procedure from the conviction procedure. The separation of conviction proceeding and sentencing procedure has always been an important topic in the sentencing reform. However, the pace of reform is backward relatively to the actual need, particularly in the juvenile criminal cases. There are two reasons. On one hand, the social investigation report includes many hearsay evidences and character evidences. If the procedures are not separated or not completely separated, the report may lead the trial judges to pre-judge and prejudice which can affect the fairness of sentencing. On the other hand, the unfairness of a case may not have a significant impact for the country, and sometimes are not discovered, but for minors the damage is profound, even life-long. Therefore, the application of the social investigation in juvenile cases, urgently needs for the absolute separation of conviction and sentencing procedures.Fourth, stipulate clearly that the social investigation is essential for the procedures in handling the cases. In view of the "may" advocacy in judicial interpretation to the provisions, the article bring forward that the social investigation should be essential for the procedures to avoid the selective and random application.Fifth, improve the subject system. Set up full-time social investigators in the juvenile court; Expand the functions of the social investigators; Define the social investigators as the "Assist person of Trial" in litigation.Sixth, improve the social investigation report system. Define clearly the content of the report; The production and the review of the social investigation report. The production of social investigation report must adhere to the principle of "Who surveys who makes who is responsible for". The report must be submitted to the court for cross-examination. The social investigation report is evidence for sentencing.Seventh, refine the procedures of social investigation. Social investigators are randomly selected; Advance the start-up time to the dictation stage, but its specific role in each stage is different; Social investigation procedures include field survey procedures and scientific identification process.The social investigation system in juvenile proceedings is a successful experience in judicial practice and the reform of our judicial practice. It takes into full consideration the reality of the characteristics of juvenile delinquency, with sufficient theoretical justification. What is more it is in line with the policy of"Education, Influence and Rescue". On the premise of the improvement in the social investigation system, we can constantly sum up experience. In the long run, when the conditions are ripe, this system can apply to all criminal cases, so that every people who may be involved into the criminal procedures can be equally protected.