未成年人刑事司法中社会调查材料的法律性质

Legal Nature of Social Survey Materials in Juvenile Criminal Justice

修改后的《刑事诉讼法》规定,对涉罪的未成年人,司法机关可以就其成长环境、教育环境、家庭监护条件等情况进行调查。由于社会调查材料在实践中适用的广泛性和混乱性,学界和实务界对此的认识比较混乱,有"品格证据说"、"鉴定意见说"、"量刑事实说"、"法庭教育材料说"等观点。本文意在剖析社会调查材料的本质,挖掘其特有的诉讼价值,以期更好维护未成年人的合法权益。

The amended Criminal Procedure Law provides that the police, the procuratorate and the court can investigate minors involved in crime in terms of their growth environment, educational background and family care conditions. However, due to the extensive and confused nature of social survey materials in practice, academic and professional circles have different understandings of these materials. There are many points of view towards the nature of the materials, such as ＂character evidence＂, ＇~he expert opinion＂, ＂sentencing facts＂ and ＂court educational materials＂. The article aims to analyze the nature of social survey materials so as to fred their unique value of litigation and better to protect the legitimate rights and interests of juveniles.