未成年人刑事案件社会调查制度论纲

On the Social Survey System of Juveniles Delinquency

未成年人一般具有极强可塑性。如果法官的判决是有利于其改过自新的,则此种基于刑罚个别化的判决对该未成年人而言,无疑是再社会化和预防犯罪的良方。蕴涵人格调查的社会调查制度应当是形成前述判决的基础。在我国少年司法制度尚不完备的当下,应以该制度的正当性为基点展开研究,以期运用于少年刑事司法实践。

Juvenile delinquents usually are ready to be corrected. If a judgment is conducive to the correction of juvenile delinquents and is purposely directed to specific individuals, it will absolutely be a good recipe for their rehabilitation as well as for prevention of crimes. A social survey that covers investigation of the characters of delinquents may be a necessary premise to such a judgment. Since China＇ s juvenile delinquency system is still underdeveloped, it is essential for us to conduct surveys to justify the system and promote judicial practices concerning juvenile delinquency.