Study On The System Of Supplemental Investigation

The supplemental investigation is forced to stay or repeatedly exists based on issues of uncertainty of fact or insufficiecy 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 adverarial 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 of this system.The article contains four Parts, besides preface and epilogue, about 36,000 characters.The first Part is the overview of the supplemental investigation system of China,and there are four contents in this part. Firstly,define the concept of supplemental investigation;sencondly,compare supplemental investigation and re-investigation to futher clear the connocation 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 inspecting the operation of supplemental investigation of our contry. First,in the stage of reviewing arrest,point out that the investigation authority does't know how to do when the prosecution authority refuses to approve arresting. Second,m the stage of reviewing prosecution,the questions of supplemental investigation are that the investigation authority can't investigate well when the case is returned to investigate ,the suspect is always extended to detainees in this stage,the investiation and prosecution authorities always borrow time each other and the prosecution authrity can't supervise the investigation authority to investigate the returned cases.Final,the existence of supplemental investigation in the stage of trial dosen't meet the trial reform of our contry at present,reflects the appliance of supplemental investigation is broad, violates the discipline of intent trial and the court's power of supplemental investigation will aggravate the imbalance of the prosecution and the defence.The fourth part is perfecting the supplemental investigation of our contry. In this part the author will propose some proposals to perfect the system and construct related systems with the litigation stage as the standard also. First of all,proposes some legislative proposals for the stage of reviewing arresting. Secondly,consummates the supplemental investigation system of reviewing prosecution. The first proposal is strengthening the power of the prosecution authority for constraining and controlling supplemental investigation behavior of the investigation authority. The second proposal is formulating specific criterion of approving arrest, prosecution, ajudgement and consistent criminal litigation rules of evidence. The third proposal is using the right of un-prosecution properly,canceling the target of un-prosecution. The fourth proposal is nailing down the conditions of supplemental investigation voluntarily. Thirdly, strictly restrict supplemental investigation in the stage of trial, including abolishing the court's right of deciding supplemental investigation and restricting prosecution authority's right of deciding supplemental investigation. The final proposal is norming the range,the main body, and the connditions of the supplemental investigation that exists actually in the appealing proceeding.