The Research On The Supplementary Investigation Of Criminal Procedure

The supplementary investigation is no(a necessary process for every criminal procedure,but 0ne of"remedial"measures．The Criminal Procedure Law of China in 1 996 have madesignificant changes,making the current criminal proceedings have more adversarialfeatures,it also limitted the frequency of the supplementary investigation and abolishedC0urt'S decision—making power,but generally speaking,supplementary investigation systemhave many shortcomings at legislative and practical level in our country．SO I feel the researchon the supplementary investigation of criminal procedure is necessary and valuable．In thispaper,I analysis the supplementary investigation'S characteristics based on it's history,pointout the need for supplementary investigation and clarify a series of problems existing in thesystem at this stage,then put forward my own views on how to improve it．There are four parts in this paper except the introduction and conclusion,about 34000words．The first part gives the supplementary investigation system a brief introduction First,inorder to deepen the understanding of the supplementary investigation,the papper brieflyoverviews its history in Our country,briefly analysises the differences of Criminal ProcedureLaw before and after 1996 in detail．Second,the characteristics of the supplementaryinvestigations system．The author group the way of supplementary investigation in start andimplement body．the stage of the proceedings and the time and~equency,etc．Third,theclassification of the supplementary investigation．According to the traditional view,Iclassify them three stages,that is the review ofarrest stage ofthe supplementary investigation,the prosecution phase of the investigation and trial stages of supplementary investigation．OfCourSe,additional investigation by the academic community on the other categories are alsointroduced．Fourth,the value of supplementary investigation．I discusses the possibility andnecessity ofthe system from theory and practice．The second part study the supplementary investigation in Comparative Perspective．Thispart study the civil law countries and commonlaw law countries as well as Japan,Russia and ong Kong,Macao and Taiwan regions'supplementary investigation system and pointed outtheir similarities and differences in order to improve our supplementary investigation systemfor reference．The third part is about the problems of the supplementary investigation in the operation．In order to lay the foundation for the fourth part,the Author analysis the problems and causes ofthe supplementary investigation in judicial practice from six aspects．The fourth part is about how to found a reasonable structure of the supplementaryinvestigation system．First,the Perfecting of the supplementary investigation system in ourlegislation．Firstly,the procurator is the main body of inspection,Procuratorate have the righttO guide Public Security Organs'detection and made disciplinary recommendations．Secondly,the number and duration of the supplementary investigation should be re-provisionedaccording to the nature and sophistication of the cases,prohibiting the use of force when youinvestigation．Fourthly,learn from experience of other countries to establish pre-trial reviewstandards and multi-level criminal standard of prooKFifihly,reference to Civil ProcedureTheory,judges should have Interpretation rights and obligations about supplementaryinvestigation in the trial phase．1astly,the legislation should provide informed syetem toprotect the suspect or the defendant'S legal interests．Second,how to improve the supportingsystem．This section includes establish the principle of speedy trial and appropriateprosecution．Irecommend the principle of speedy trial should be established．Also,we shouldmake full use of people'S supervisors to strengthen supervision of the supplementaryinvestigation．...