完善未成年人犯罪社會調(diào)查主體的思考
發(fā)布時間：2019-04-16 11:13
【摘要】：近年來，我國未成年人犯罪比例不斷攀升，并逐漸呈現(xiàn)出低齡化、暴力化、成人化等趨勢。而在辦理未成年人刑事案件過程中，仍然要注重其主體特殊性，，與成年犯罪案件區(qū)別對待。未成年人犯罪成因來自于未成年人自身、家庭、社會等多方面，要控制和減少未成年人犯罪的首要解決途徑不在于懲罰犯罪，而應(yīng)該在于改造和預(yù)防犯罪。因此，針對不同犯罪性質(zhì)和犯罪行為的未成年人刑事案件采取不同的刑事司法政策，但在訴訟程序中注重實行輕刑化、非監(jiān)禁化的處遇措施仍然是衡量司法進(jìn)步的一個標(biāo)準(zhǔn)，建立社會調(diào)查制度乃是解決此類問題的一種有效方式。但是在我國現(xiàn)有立法基礎(chǔ)上，無論從實體還是程序上都沒有關(guān)于社會調(diào)查制度的具體實施規(guī)定，只有一些原則性的指引，因而各地實踐模式都還處在相互借鑒初級探索的階段，尚未能形成統(tǒng)一完備的社會調(diào)查體系，因而社會調(diào)查報告或者結(jié)論性的建議對最終司法處斷或是審判量刑能夠起到的應(yīng)有作用不明顯，故筆者想借鑒國外未成年人犯罪社會調(diào)查制度之經(jīng)驗做法與我國各地未成年人犯罪社會調(diào)查實踐模式相比較，著重筆墨提出針對未成年人犯罪社會調(diào)查主體構(gòu)建的完善性建議。 本文從導(dǎo)論開始引入社會調(diào)查主體的構(gòu)建理想，重點分為三個縱向部分，未成年人犯罪社會調(diào)查主體概述、未成年人犯罪社會調(diào)查主體實踐問題探微以及著重筆墨提出完善未成年人犯罪社會調(diào)查主體的建議和設(shè)想。各部分橫向架構(gòu)主要分為未成年人犯罪社會調(diào)查制度概念簡單論述、我國目前關(guān)于未成年人犯罪社會調(diào)查主體的法律基礎(chǔ)及存在的問題；國內(nèi)外未成年人犯罪社會調(diào)查主體比較，其中分為我國各地未成年人犯罪社會調(diào)查主體設(shè)置現(xiàn)狀、國外未成年人犯罪社會調(diào)查主體設(shè)置考察及兩者之間的比較；我國社會調(diào)查主體在司法實踐中存在的問題；最后一個部分筆者欲探析社會調(diào)查主體的訴訟地位及完善未成年人犯罪社會調(diào)查主體適用的建議闡述自我之拙見。 希望通過本文對未成年人犯罪挽救和幫教工作寄予更大空間的展望，使犯罪少年自身提升法律意識、樹立改過自新的理念，觸動社會再接納該類群體，使其重塑人格，再次順利融入社會。
[Abstract]:In recent years, the proportion of juvenile delinquency in China continues to rise, and gradually presents the trend of low age, violence, adult and so on. In the process of handling juvenile criminal cases, we should still pay attention to the particularity of the subject and treat them differently from adult criminal cases. The cause of juvenile delinquency comes from many aspects, such as minors themselves, family, society and so on. The primary solution to control and reduce juvenile delinquency is not to punish the crime, but to reform and prevent the crime. Therefore, different criminal justice policies are adopted for juvenile criminal cases of different criminal nature and criminal acts, but emphasis is placed on the implementation of light penalties in the proceedings, and non-custodial treatment measures are still a criterion for measuring the progress of justice, The establishment of social investigation system is an effective way to solve such problems. However, on the basis of the existing legislation in our country, there are no specific provisions on the implementation of the social investigation system in terms of entity or procedure, and there are only some principled guidelines, so the practice patterns in various localities are still at the stage of drawing lessons from each other's primary exploration. There has not yet been a unified and complete system of social investigation, and therefore the report of the social investigation or the recommendations of the concluding observations do not have an obvious effect on the final judicial adjudication or sentencing, Therefore, the author wants to draw lessons from the experience and practice of the social investigation system of juvenile delinquency in foreign countries and compare it with the practice mode of social investigation of juvenile crime in various parts of our country, and put forward some perfect suggestions on the construction of the subject of social investigation of juvenile crime. This article starts from the introduction to the construction ideal of the main body of social investigation, focusing on three longitudinal parts, the overview of the subject of social investigation of juvenile delinquency. A probe into the practice of the subject of the social investigation of juvenile delinquency and the suggestion and assumption of perfecting the subject of the social investigation of the juvenile crime are put forward in this paper. The horizontal structure of each part is mainly divided into the concept of social investigation system of juvenile delinquency, and the legal basis and existing problems of the subject of social investigation of juvenile crime in our country at present; The main body of social investigation of juvenile crime at home and abroad is divided into three parts: the present situation of social investigation subject of juvenile crime in China, the investigation of social investigation subject of juvenile crime in foreign countries and the comparison between the two. In the last part, the author wants to explore the litigation status of the subject of social investigation and the suggestion to perfect the application of the subject of social investigation of juvenile delinquency to set forth my humble opinion on the problems in the judicial practice of the subject of social investigation in our country. It is hoped that through the prospect of saving juvenile delinquency and helping education work in this paper, the juvenile delinquent will raise his legal consciousness, set up the idea of reforming and rehabilitating himself, and touch the society to re-accept this kind of group and make it reshape its personality. Once again smoothly integrated into society.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2
本文編號：2458728
[Abstract]:In recent years, the proportion of juvenile delinquency in China continues to rise, and gradually presents the trend of low age, violence, adult and so on. In the process of handling juvenile criminal cases, we should still pay attention to the particularity of the subject and treat them differently from adult criminal cases. The cause of juvenile delinquency comes from many aspects, such as minors themselves, family, society and so on. The primary solution to control and reduce juvenile delinquency is not to punish the crime, but to reform and prevent the crime. Therefore, different criminal justice policies are adopted for juvenile criminal cases of different criminal nature and criminal acts, but emphasis is placed on the implementation of light penalties in the proceedings, and non-custodial treatment measures are still a criterion for measuring the progress of justice, The establishment of social investigation system is an effective way to solve such problems. However, on the basis of the existing legislation in our country, there are no specific provisions on the implementation of the social investigation system in terms of entity or procedure, and there are only some principled guidelines, so the practice patterns in various localities are still at the stage of drawing lessons from each other's primary exploration. There has not yet been a unified and complete system of social investigation, and therefore the report of the social investigation or the recommendations of the concluding observations do not have an obvious effect on the final judicial adjudication or sentencing, Therefore, the author wants to draw lessons from the experience and practice of the social investigation system of juvenile delinquency in foreign countries and compare it with the practice mode of social investigation of juvenile crime in various parts of our country, and put forward some perfect suggestions on the construction of the subject of social investigation of juvenile crime. This article starts from the introduction to the construction ideal of the main body of social investigation, focusing on three longitudinal parts, the overview of the subject of social investigation of juvenile delinquency. A probe into the practice of the subject of the social investigation of juvenile delinquency and the suggestion and assumption of perfecting the subject of the social investigation of the juvenile crime are put forward in this paper. The horizontal structure of each part is mainly divided into the concept of social investigation system of juvenile delinquency, and the legal basis and existing problems of the subject of social investigation of juvenile crime in our country at present; The main body of social investigation of juvenile crime at home and abroad is divided into three parts: the present situation of social investigation subject of juvenile crime in China, the investigation of social investigation subject of juvenile crime in foreign countries and the comparison between the two. In the last part, the author wants to explore the litigation status of the subject of social investigation and the suggestion to perfect the application of the subject of social investigation of juvenile delinquency to set forth my humble opinion on the problems in the judicial practice of the subject of social investigation in our country. It is hoped that through the prospect of saving juvenile delinquency and helping education work in this paper, the juvenile delinquent will raise his legal consciousness, set up the idea of reforming and rehabilitating himself, and touch the society to re-accept this kind of group and make it reshape its personality. Once again smoothly integrated into society.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2
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