On Consummating The Supplemental Investigation Procedure In China

The supplemental investigation is forced to stay or repeatedly exists based on issues of uncertainty of fact or insufficiency of evidence when the case was delivered to the stage of review of the prosecution or the stage of trial. It is not a necessary process for all cases.Although the criminal procedure of China has many features of adversarial system and was introduced lots of factors of the party concerned doctrine. The modification of supplemental inverstigation is based on increasing the times of supplenentarl investigation,the time limit of supplementary investigation.However,because that the philosophy of our criminal procedure overemphasizes to find truth of the case, there appear some shorts in the operation of the supplemental investigation.This author tries to give some ideas on onsummating the supplemental investagation system based on the analysis on the shorts ofthis system.The article contains four Parts besides preface and epilogue.The first Part is the overview of the supplemental investigation system of China,andthere are four contents in this part.Firstly,define the concept of supplementalinvestigation;sencondly,compare supplemental investigation and re-investigation to father clear the convocation and epitaxial of supplemental investigation;thirdly,the author assorts the supplemental investigation according to different standards;finally,analyse the existence of the theoretical basis and practical basis for this system.The second part is Comparative law study of supplemental investigation.In this part the author starts with the relationship between the prosecutors and police of the two legal systems,analyses the supplemental investigation system of representative countries,on this basis summarizes the similarities and differences between the provisions of the two legal systems.Simultaneously,the author comparatively analyses the operation of supplemental investigation when the investigation is finished.Accordingly,we can leare their systems to perfect ours.The third part is the problems and reasons of the supplemental investigation.The author generalizes the problems as the delay of investigation authorities,procuratorate and court, the cognition divergence between investigation authoritiesand prosecuting authorities and so on. And the reasons for the problems include thepartial pursuit of substantial justice, the over-generalization on the rules of the supplemental investigation system in the laws and relating judicial interpretation.The fourth part is the consummating of the supplemental investigation system,which is the importance of the article. Based on the analysis of the problems and reasons of the supplemental investigation system, the author sets forth the necessity of establishing the system in China, and put forward his schemes and plans on consummating the system, such as consummating the judicial interpretation of the supplemental investigation system, strengthening the supervision on the system and establishing evidence collecting system directed by the procuratorate to reduce the ratio of the supplemental investigation.