Research On The Subject Of Social Inquiry System In Juvenile Criminal Cases

Minors Social Survey main system is an important part of our juvenile justice, is also the key to minors Social Survey System implementation success. Research on the theory of the existing system is still in a preliminary stage of exploration, mainly confined to social surveys scoping body, the other important elements of the system are rarely studied. On legislation, the new Code of Criminal Procedure Dier Article 268 for the first time identified the minors Social Survey System, clearly defined social investigation body. However, the new Code of Criminal Procedure stipulated social survey on the subject too general, and not its refinement, to define the scope of the subject is also problematic. These problems are increasingly apparent in practice, the legislation left exposed flaws, problems and even intensified, contrary to the original intention of the legislation. Therefore, the author from the investigation body to improve the social point of view, through the improvement of juvenile criminal cases and social research body system, survey system to play its social system and some functions to implement the policy of protection of minors.This article outlines of minors in criminal cases Social Survey subject system, our current juvenile criminal cases and social research body system problems and the solutions to this problem three aspects of the system were discussed. The first part of the juvenile criminal cases and social research body systems are briefly discussed, it introduced the connotation and the Evolution system, and focuses on the value of the existence of the system. The second part of a comprehensive analysis of the social system of the main problems of the survey, the main scoping unreasonable litigation ambiguous status, rights and obligations of undetermined, legal liability is not clear, the theory and practice of the method of combining a detailed analysis of the system’s existence problem. The third part presents the author to solve the above problems, Suggestions for social investigation subject system, based on China’s basic national conditions on the basis of the above, appropriate and reasonable draw on the experience of social law extraterritorial investigations subject system, put forward proposals for China’s legal environment, clear unified social special investigation body to establish an independent suit status main participants in the proceedings of the investigation, the investigation body clear responsibilities and improve the body safeguards to ensure that the investigation body fully play its role, the legitimate rights and interests of minors during the proceedings, thereby It can be protected.