On The Control Of Criminal Supplementary Investigation

Supplementary investigation is a statutory procedure which reverses to run, the existence of the procedure has adequate legal basis and practical needs, and to study on the value of the entire criminal prosecution,it has the value to protect human rights better and penalize the crime,and also,it has its independent value. However the properties of supplementary investigation which operating by public rights and running the procedure reversely decide that the supplementary investigation system must be more cautious,more modest and more moderate than the procedure which runs normally,which has been realized during the process of development of the country's legislation. But in our judicial practice of criminal prosecution there existenses the high number of supplementary investigation, applying supplementary investigation freely, investigation and prosecution agencies borrowing the time of handling cases from each other which named supplementary investigation,the high rate of additional investigation and repeated investigation, the prosecution returns to the supplementary investigation procedure to avoid the failure of public prosecution,and the prosecution returns to the supplementary investigation procedure which is not necessary,and so on,all of these make the supplementary investigation the uncontrolled. Under the surface of the uncontrolled supplementary investigation there are deep partial loss of traditional concept of justice, the not comprehensive legislation and the missing of the supported system, and other reasons. During the practice,the uncontrolling of supplementary investigation has seriously deviated from the mind of supplementary investigation system design,it need to be controlled effectively, and to play its due value.The author believe that,the control of supplementary investigation, the complemente of the system sounds importante, and the more perfect of the system, the better of the assurance that the procedures operate within the framework, not out of the law. In addition, turning the traditional concept of justice, building or improving supported system will play a controlled role to the operation of supplementary investigation,and it will be regulated gradual strictly,then,to play its due procedure value. In the supplementary investigation, it should set the concept of justice that going along with substantive and procedural,and establish the concept of trial centrism.It should go further to detail the law,to complemente the law, to eliminate rules which are not reasonable,in order to enhance the operational rules and the complete structure of supplementary investigation rules,also,in order to coordinate the conflict regulations and unite the rules system,so that the legal control of the supplementary investigation will be realised,.and Among the supporting systems, it should improve the lawyer participation system during investigation stage and the system of investigating evidence led by procuratorate.