On The Criminal Personality Survey System In Criminal Procedure

The investigation system of crime personality in the criminal prosecution is quite strange regard to our country, but this kind of system is powerful in the UK-US legal system countries. Along with the personality behavior theory enters the criminal law domain slowly, The traditional criminal law subjectism and criminal law objectivism receive people's question more and more. After having gotten rid of the sole idea of "Retribution pattern", many new theories such as penalty individualizing, criminal's socialization again, the idea of recoverable judicial and so on begin to appear in the criminal law domain, and the investigation of crime personality start to appear in the West criminal prosecution. Nowadays, the attempt of crime personality in criminal prosecution domain in our country mainly manifests in the criminal prosecution of the minor crime personality investigation. In 2001, The Supreme People's Court appeared "Certain stipulations about trying Minor Criminal case", and the 21st stipulates:"Before holding the court hearing, both the accuser and the defender can investigate the disposition,background,social interaction,growth experiences as well as performance around the crime of the minor accused person, and manufacture the written material to the collegial panel. When it is necessary, the court can also entrust the related social group to investigate these situation or just do this themselves." In order to handle the minor criminal cases better, in 2006, the Supreme People's Procuratorate appeared'Certain stipulations about the Procuratorate handling Minor Criminal case'. As along as the Supreme People's Court and the Supreme People's Procuratorate have introduced the concrete provision, the controversy about whether or not develop the investigation of personality in criminal prosecution continues among the theorists. The supporters advocated speeding up the construction of the system, but the opponent suggest constructing carefully. In the practice, many provinces and cities haven't gotten the specific work routine or implementation means creating this kind of awkward phenomenon is not only the No action, but also the flaw of the System. By introducing the overseas legal rule, the legal base of the personality investigation, and the function of the personality investigation in overseas, this article has proven the importance and necessity of developing this system in our country.