我国未成年人社会调查制度实践考察

On the Practice of Juvenile Social Survey System in China

社会调查制度被确立为未成年人刑事司法的基本制度。对我国未成年人社会调查运行机制的实践考察发现:社会调查的主体方面,虽然制度规定的职权主体和执行主体都非常多元化,但实际操作与制度规定呈现较大反差;社会调查报告的内容方面,受立法对社会调查制度资源配置的有限性影响,社会调查报告的质量不高;社会调查报告的审查程序方面,有关社会调查报告的披露和质证程序存在诸多不规范之处。上述机制的存在,使社会调查报告尽管起到了一定程度的积极作用,但也存在相当大的局限性。鉴于此,可以优先从社会调查员的诉讼权利和社会调查报告审查程序两方面着手完善社会调查制度。

Social survey system has been established as the basic system to carry out juvenile criminal justice. An investigation has been done as to how the operational mechanism of juvenile criminal justice works. The result shows that both the appointed performer and the performer in practice of the system are diverse, but what is in practice has a long distance from what is regulated and required. Restricted by legislation in resource allocation for social surveys, the quality of the social Survey report is not high. In terms of the review procedures of the social survey report, there exists much inconvenience for the exposure and on of the content of social survey. Due to the problems mentioned above, sOcial survey functions but in a very limited way. In view of this, investigators procedural rights and the review procedure of the survey report should be the first issue to deal with.