Report Of Returning For Supplementary Investigation In The Examination And Prosecution Stage Of County L In Hebei Province

The prosecution phase of the returned for supplementary investigation of criminal proceedings is a very important part of state, find out the facts of the case to ensure the quality of prosecution has a very important role, but in judicial practice, the prosecution phase of the return, there are additional investigations many problems, are frequently used and even abuse abound, there are still many improvements and improvement. This paper by L County People's Procuratorate for examination and prosecution phase returned for supplementary investigation of the research, to explore ways to further standardize and improve the prosecution phase returned for supplementary investigation of the use.This three-part review of the prosecution phase of the return of the supplementary investigation carried out a systematic analysis. The first part of the research on L County People's Procuratorate from 2006 to 2010 in the prosecution phase returned for supplementary investigation data and conducted a systematic collation and analysis, summed up the hospital in the prosecution phase returned for supplementary investigation of some of the basic features of . The second part of the focus of research is more analytical, L County People's Procuratorate in the prosecution phase of the case returned for supplementary investigation of the existence of some problems, starting from the four issues are described, mainly as a means to return the excessive use of supplementary investigation, resulting in procedure turn; investigation by both agencies and prosecutors to extend the deadline for handling returned for supplementary investigation is quite conspicuous; returned for supplementary investigation of cases involving charges of relative concentration, repeat back some of the common problems more common for additional investigations; there is conflict because the investigating authorities emotional, affecting refunds of the prior quality. The third part of the combination of research and data analysis for the prosecution phase returned for supplementary investigation of the problems arising from its deep-seated reasons for in-depth analysis, and to reform and improve the prosecution of the proposed system returned for supplementary investigation their own ideas: primarily from the relationship between prosecutors and police reform, to give the prosecution the right of the public prosecution department to guide the investigation, the public prosecution department in advance so that the investigating authorities involved in the investigation activities, and give full play to the prosecution's discretion to prosecute, and handling it really right to sue returned for supplementary investigation relations and to expand the scope of non-prosecution, to improve prosecution right of appeal can not afford to use the enthusiasm of other aspects to improve.To completely solve the prosecution phase returned for supplementary investigation in the judicial practice of the problems, needs the concept of the modern criminal justice and criminal system, deepening the continuous improvement and perfection, and ultimately to establish both the characteristics of China's national conditions and judicial, but also with modern the concept of the criminal justice system returned for supplementary investigation, so returned for supplementary investigation of criminal proceedings in the play to its functions and achieve its own proper value.