An Empirical Research On The System Of Supplementary Investigation

The supplementary investigation refers to that the procurator organ think itnecessary to investigate supplementary, for those cases which legal fact isunclear, lack of evidence or illegal investigative procedure. On the basis oforiginal investigation, they decide to further investigate, collect evidence inaccordance with legal procedures. Due to the backward concept of justice,imperfect law and non-standard judicial practice, the prosecution phase of thesupplementary investigation fails to play its due role, giving rise to manyproblems. On the basis of judicial practice, this paper makes a simpleintroduction to the supplementary investigation system, proposes the problemsof the supplementary investigation that occur in the course of judicial practice,further analyses the causes of the problems, and makes recommendations tocomplete the system of supplementary investigation at the stage of investigationand prosecution.This paper is composed of introduction, body and conclusion. And, thebody consists of4parts. Part1: The supplementary investigation system includes three aspects. First,through the comparative analysis, the basic concept of supplement detection hasbeen clarified. Next, three kinds of conventional classification of thesupplementary investigation have been simply introduced. Finally, starting fromthe relationship between prosecutors and police and comparative analysis, thesimilarities and differences of the supplementary investigation system betweenthe two legal states have been proposed.Part2: Normative analysis of the supplementary investigation during theinvestigation and prosecution stage includes3aspects. First, the nature of thesupplementary investigation at the stage of investigation and prosecution hasbeen analyzed and investigation methods have been classified. Second, thepurpose, the function and the premises of the application of the supplementaryinvestigation have been put forward. The value and necessity of thesupplementary investigation have been stated through5aspects of theprocuratorial supervision, excluding the illegal evidence, the prosecution and thedefense, exposing the truth and protecting the human rights. Part3: An empirical analysis of the supplementary investigation at thestage of investigation and prosecution includes3aspects in this part. First of all,from a judicial philosophy, system design, distribution of powers, legal lag, etc.,the analysis of the deficiencies in terms of legislation has been done. Second, theauthor taking the data as the basis which was collected in some districtProsecutor’s Office in Chongqing, summarizes problems reflected through thosedata. Finally, based on the judicial practice, a deep analysis of the causes of thesupplementary investigation has been studied.Part4: A number of recommendations have been improved about thesupplementary investigation. For the third part, through the transformation ofphilosophy, the improvement of legislation and regulating judicial, a number ofrecommendations to improve the supplementary investigation have been raised.