On The Minors A Criminal Background Investigation System Build

To ensure the healthy development of the juveniles is a matter of national importance and a concern of the sustainable development of human society.. As an important element of the juvenile judicial system, a sound juvenile criminal background investigation system is especially important to facilitate well-grounded judgment of the juvenile defendants in the judicial process, and to protect the juvenile's legal rights in a scientific and cautious way. In their centuries old development of a rule of law system, Western countries have already established a relatively scientific and comprehensive juvenile protection system, including its juvenile criminal background investigation system. As a developing country, China is yet to establish such a system. Its legal framework, theoretical study and application are still relatively weak. Based on the concern of juvenile protection issues, this thesis has focused on the juvenile criminal background investigation system and developed its arguments in five chapters.Chapter One is an introduction to the basic issues in the study of juvenile criminal background investigation system, including the concept, the nature, and the characteristics of this system. It also traces back the historical development of this system.In Chapter Two, applied to the theories of criminal causation and procedural justice, it argues for the necessity, rationality, and properness of the establishment of a juvenile criminal background investigation system. It tries to lay down the theoretical basis upon which this system is built, analyzes the current status of China's juvenile criminals and the legislative defaults for juvenile protection, and details the practical significance of establishing such a system.Chapter Three focuses on a comparative study of the juvenile criminal background investigation systems in four common law and civil law nations, summarizing their common practices and revealing an overseas source that may be applied to our own institutional development of such a system.Chapter Four analyzes the related laws and regulations as well as the current application of the juvenile criminal background investigation system in China. It summarizes the experimental and practical results of its institutional development and reveals their weaknesses and problems.Based on the theoretical and practical analyses in the previous chapters, Chapter Five proposes a framework upon which our juvenile criminal background investigation system should be built, including its mode of construction, the basic principles, and detailed components, etc. This thesis argues that in establishing a juvenile criminal background investigation system in China, these institutional arrangements could be considered: the civil affairs bureaus should be responsible for the investigation. They will send their staff after receiving the courts' mandate to conduct the investigation and write down their findings in a report, which provide a reference for the judges in convicting and sentencing the juvenile criminals.