Consider The Implementtion And Improvement Of The Supplemental Investigation System

Supplemental investigation system is a form of the stage of review and prosecution supplementary investigation, which purpose is to make the case conform to the prosecution condition on the basis of the clear fact and sufficient evidence. Meanwhile, it is a investigation activity that basis to further ascertain the fact and additional evidence. As a result of defects exist in the legislation and the improper operation in practice, the supplemental investigation system failed to give full play to its intended effect, and many problems were exposed in the stage. The paper, based on the judicial practice, summarizes and analyzes the question and reason of the stage of review and prosecution supplemental investigation. At the same time, it proposes the way which is worth to draw in the judicial practice and perfect vision that needs to further improvement.Beside introduction and conclusion, the paper is divided into three chapters.The first chapter, supplemental investigation overview. Firstly, according to the current legal provisions and the academic statement, this chapter elaborates the supplemental investigation conception and domestic and foreign legislative evolution. Secondly, the supplemental investigation characteristics are analyzed. Finally, the investigation is classified by the different stages of litigation.The second chapter, supplemental investigation problems and its causes. This chapter combines nearly five years of supplemental investigation data from Gansu province Xigu District of Lanzhou City People's Procuratorate for research. From the analysis of problems in judicial practice, summed up the basic operation and existing problems of our country current supplemental investigation, and from the legislative point of view, put forward the protection of the rights and interests of the parties and the lack of effective supervision and the current situation of lag. Then, aiming at the above problem of cause of formation.The third chapter, supplemental investigation practice and its perfection. To perfect supplemental investigation system, we need to start from two aspects of the legislative and judicial practice, so as to have legal support and system security, in order to make supplemental investigation play its due justice. This chapter starts from the necessity of the supplemental investigation and combines the lessons ara worth to draw from judicial practice, puts forward improvement ideas and suggestions from perfecting law and work mechanism, so as to improve the supplementary investigation system further. This chapter is the focus of the thesis.