The Supplementary Investigation System In China

Investigation, as an individual stage of criminal litigation procedure, takes a very important part in criminal procedure in our country. Supplementary investigation procedure, not indispensable in criminal procedure, will be implemented to make up the deficiency of investigation procedure. There are supplementary investigations at three different conditions stipulated by existing Criminal Procedure Law of People’s Republic of China including supplementary investigation at review and arrest stage, supplementary investigation at review and prosecution stage and supplementary investigation at court trial stage. Although the existing Criminal Procedure Law of People’s Republic of China and relative judicial interpretation have detailed stipulations regarding supplementary investigation, yet it does not mean that the supplementary investigation system in our country is perfect. Practices prove that many defects are existed in said system. For instances, the supplementary investigation rate and second-time supplementary investigation rate are rather high, supervision in supplementary investigation is missing and the like. There are many reasons including some underlying reasons for above mentioned defects. Supplementary investigation plays as an important criminal lawsuit activity so it is pretty necessary for it to be existed. The scientific regulation based on full analysis on the problems and reasons existed in the supplementary investigation system shall bring profound influences to the whole system.