未成年人犯罪案件中的社会调查研究

Study on the Social Survey System of Juvenile Delinquency

以审判实践和比较法研究的视角提出未成年人犯罪案件中的社会调查制度,应该由选择适用修改为必经程序,启动时间应该在诉讼开始的侦查阶段,基于此排斥调查报告的证据属性,确立公安机关为社会调查的主体,组建专业的社会调查员队伍,以提高诉讼效率,克服法律规定内容笼统、可操作性不强的弊端,更好发挥该制度在司法实践中的作用。

In view of judicial practice and comparative law, it is put forward that the social survey system in juvenile delinquency should be changed form being selective to a necessary procedure, and the start time should be at the investigation stage of the lawsuit. Based on that, the evidence nature of the investigation report can be excluded, the public security organs would be set as the main body of social investigation, and the troop of professional social investigators can be organized, so as to promote lawsuit efficiency, overcome the shortcomings of laws and regulations, such as dim content, and low maneuverability, and better develop the system＇s effect in judicial practice.