| The Criminal Procedure Law,which was revised in 2012,formally established the system of social investigation and reporting of minors and made it an important part of the juvenile criminal justice system.This system through the comprehensive investigation of minors involved in crime to achieve the targeted formulation of reasonable corrective measures to help them to be socialized again,and this system has implemented the concept of "education as the main,punishment as a supplementary ".Therefore,it is very important for the development and perfection of this system to sort out the application status of this system in practice,analyze the specific problems in application and find out the causes behind the formation of the problems,and put forward the ways to improve the problems and causes.This thesis consists of six parts:The first part is the introduction,this part expounds the research background and significance of this paper,so as to extend the research focus and research direction.The second part explains the connotation and attributes of the juvenile social investigation report system and the general situation of the current legal norms in China.Introduce and evaluate three academic viewpoints about the nature of social survey reports.The third part collates the cases involving the minor social investigation report in order to sort out the application status of the minor social investigation report in our country.The fourth part analyzes the problems existing in the application of the social investigation report system of minors in China,including the low application rate,the inconsistency of the subject,the low quality of the report and the lack of obvious effect.The fifth part is from the current legal provisions and judicial practice to find out the deep causes of the aforementioned problems.The sixth part mainly from the consummation law stipulation and strengthens the judicial practice two big aspects,proposed alleviates the minor social investigation report system to apply the realistic predicament the concrete countermeasure. |