Research On The Improvement Of The Criminal Social Investigation System For Minors

The social investigation system of minors is a system added in the revision of the criminal procedure law of China in 2012.Its implementation will greatly promote the implementation of the criminal policy of less punishment,careful punishment,education as the main and transformation as the auxiliary in the criminal cases of minors.It also reflects the further protection of the human rights of minors in China,and is an important measure to realize the justice of juvenile punishment.The social investigation system of minors is a special system that analyzes the reasons for the minors to go on the road of crime according to their performance before and after the crime,especially their growth background,family status,social relations,educational experience,etc.,so as to make their criminal responsibility more conducive to their education and transformation,so as to facilitate their return to society.Therefore,for the investigation report formed by this investigation,the people’s court will take it as an important reference for sentencing in the process of judicial adjudication,so as to make the juvenile justice more in line with the characteristics of the juvenile and realize the justice under the special premise.At present,China’s juvenile criminal social investigation system is still in its infancy,and there are many imperfections.For example,the subject,content,procedure and application of the investigation are still rough and arbitrary,so in practice,the function of the juvenile criminal social investigation system has not been fully developed,and there are many cases that are just in the form or the investigation is not accurate enough.In order to enhance the scientificity and accuracy of social investigation results,and strengthen the neutrality and professionalism of investigation activities,it is necessary to further improve the criminal social investigation system of minors in China on the basis of referring to the relevant systems of other countries.Therefore,we should start from the following aspects: first,we should further clarify the subject of social investigation and improve the supervision mechanism of social investigation through improving legislation;second,we should accurately define the attributes of social investigation reports,establish fair and just investigation procedures,and ensure the legitimate rights and interests of minors.Finally,we should improve the social investigation report system,increase the supervision and review mechanism,the confidentiality system of investigation work,and the post evaluation system of social investigation,so as to make the social investigation system of juvenile criminal in China more scientific,fair and rational.