完善未成年人犯罪社会调查主体的思考
发布时间：2019-04-16 11:13
【摘要】：近年来，我国未成年人犯罪比例不断攀升，并逐渐呈现出低龄化、暴力化、成人化等趋势。而在办理未成年人刑事案件过程中，仍然要注重其主体特殊性，，与成年犯罪案件区别对待。未成年人犯罪成因来自于未成年人自身、家庭、社会等多方面，要控制和减少未成年人犯罪的首要解决途径不在于惩罚犯罪，而应该在于改造和预防犯罪。因此，针对不同犯罪性质和犯罪行为的未成年人刑事案件采取不同的刑事司法政策，但在诉讼程序中注重实行轻刑化、非监禁化的处遇措施仍然是衡量司法进步的一个标准，建立社会调查制度乃是解决此类问题的一种有效方式。但是在我国现有立法基础上，无论从实体还是程序上都没有关于社会调查制度的具体实施规定，只有一些原则性的指引，因而各地实践模式都还处在相互借鉴初级探索的阶段，尚未能形成统一完备的社会调查体系，因而社会调查报告或者结论性的建议对最终司法处断或是审判量刑能够起到的应有作用不明显，故笔者想借鉴国外未成年人犯罪社会调查制度之经验做法与我国各地未成年人犯罪社会调查实践模式相比较，着重笔墨提出针对未成年人犯罪社会调查主体构建的完善性建议。 本文从导论开始引入社会调查主体的构建理想，重点分为三个纵向部分，未成年人犯罪社会调查主体概述、未成年人犯罪社会调查主体实践问题探微以及着重笔墨提出完善未成年人犯罪社会调查主体的建议和设想。各部分横向架构主要分为未成年人犯罪社会调查制度概念简单论述、我国目前关于未成年人犯罪社会调查主体的法律基础及存在的问题；国内外未成年人犯罪社会调查主体比较，其中分为我国各地未成年人犯罪社会调查主体设置现状、国外未成年人犯罪社会调查主体设置考察及两者之间的比较；我国社会调查主体在司法实践中存在的问题；最后一个部分笔者欲探析社会调查主体的诉讼地位及完善未成年人犯罪社会调查主体适用的建议阐述自我之拙见。 希望通过本文对未成年人犯罪挽救和帮教工作寄予更大空间的展望，使犯罪少年自身提升法律意识、树立改过自新的理念，触动社会再接纳该类群体，使其重塑人格，再次顺利融入社会。
[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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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