On Supplement Investigation

The supplemental investigation of China refers to the procedure of legally supplementing and organizing evidences by the relating authorities, on the base of the previous investigation, with the determination of the procuratorate or the advice of the court, when there is any uncertainty of fact or insufficiency of evidence or omitting crime or suspect of the omitting crime or illegality of the previous investigation. The supplemental investigation is not necessary for every criminal procedure, but it has its value to exist. Since the criminal procedure in China manifests strong elements of litigation system and the rules in the laws on criminal procedure are too generalized, there appear some shorts in the operation of the supplemental investigation. This author tries to give his ideas on consummating the supplemental investigation system based on the analysis on the shorts of this system.The article contains five parts, besides preface and epilogue, about 34,000 characters.The first part is the overview of the supplemental investigation system of China, and the author introduces four contents in this part. To begin with, is the concept of the supplemental investigation, the author claims that in order to give the correct concept of the supplemental investigation, we should have correct understanding of the condition of this system, which includes uncertainty of facts, insufficiency of evidence, omitting crime or suspect of the omitting crime or illegality of the previous investigation. Secondly, the author analyzed the relationship between the supplemental investigation and relative concept. Thirdly is the character of the supplemental investigation. Fourthly is the classification of the supplemental investigation. And last is the theoretical support of the supplemental investigation.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 authorities and prosecuting authorities and so on. And the reasons for the problems include the partial 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.