The Supplementary Investigation System In Our Country

This article is about the supplementary investigation of our country. What is the supplementary investigation of our country? It is a special procedure during the criminal procedure. This kind of procedure exists during the stage of reviewing prosecution and trial, not every stage of the criminal procedure. There are many features of this kind of procedure. If the case is not clear, or lacking of evidences, or leaves out some criminal facts or criminals of the same case, it is necessary to carry out the supplementary investigation to solve such questions. In our country, the investigating and prosecuting apparatus has the power to make decision to start the procedure during the stage of reviewing prosecution and trial, while the court has only the right of suggestion during the trial stage. The executor is the original investigation organ or branch. The investigation is in order to find out the fact and levy the supplementary evidences.Not every criminal procedure needs the supplementary investigation, but for the different ability of the policemen and the absence of the justice resources, the supplementary investigation is of great importance. To some extent, the new criminal procedure law influences -the trial mode. The investigating and prosecuting apparatus applies this kind of procedure in order to adapt to the trial mode. The supplementary investigation is more and more in the criminal procedure, but the investigating and prosecuting apparatus applies the supplementary investigation not properly to support public prosecution, so that there are more and more issues in the supplementary investigation. It exerts a bad influence on the criminal procedure. It is necessary to consummate this procedure.In this article, the author will express an opinion on the supplementary investigation. At first, this article defines the supplementary investigation and narrates the phases and the forms of the supplementary investigation. If the case is not clear, or lacking of evidences, or leaves out some criminal facts or criminals of the same case, it is necessary to carry out it. They are the creation of conditions of this kind of procedure. Secondly, it discusses the power to makedecision to start the supplementary investigation though comparing the power between the investigating and prosecuting apparatus and the court. What's more, the supplementary investigation is different from that of the foreign countries. In our country, the power to make decision belongs to the investigating and prosecuting apparatus. Thirdly, it emphasizes on the essence of the evidence and the enactive items. In fact, there are many questions in the course of collecting the evidence. There are several forms of the supplementary investigation. Each form is different The investigators should try their best to find out the material elements or requisites in the establishment of a concrete crime. Then, it brings forward something to be noticed in the conclusion of the supplementary investigation. It bases on the original investigation. Finally, this article describes the significance of the supplement investigation and how to consummate this procedure from all sides. It is of great necessity to consummate it.