The Study On The Legal System Of Supplementary Investigation

Supplementary investigation system takes double meanings of the criminal procedure.On one hand, in order to realize the justice of entity, by the" cognition, practice,recognition, practice "way to approach the facts of case; on the other hand, the supplementaryinvestigation include restrictive conditions, it could guarantee the procedural rights ofcriminal suspects.In the procedure of investigation, the double value of supplementary investigationintegrate more closer. And the supplementary investigation decide the ultimate valueorientation of the prosecution procedure and trial procedure. The legal system takes evidenceas the center for trial or the objective facts as the center, also reflect social policies and socialmanagement. Therefore, the criminal supplementary investigation system research is not onlythe detection measure, also a social policy and social management as well.The main difference of subjecs in Criminal proceeding takes different functions, anddivided the criminal proceedings in different stages. The police organ in the investigationstage to exercise functions of investigation, so dose the procuratorate offices and thecourts.However, such representations exist only in theory.Through the judicial practice,thelaw should be transformed into reality.According to the subjective initiative of objective things reaction can be informed, thisdetailed rules of implementation and realization need to implement specific behaviorsubjective idea transformation.This article through to the criminal proceedings supplement spy system definitionanalysis, discover supplement spy system contains profound social value, and break throughthe traditional concept of procedure justice limit, comprehensive coordination in all aspects ofsocial value.On this basis, the extraterritorial supplement spy system research and comparativeresearch on the different legal systems, the supplementary investigation system of theadvantages and disadvantages of develop the useful and discard the useless, to extract the appropriate under current situation of China ’s experience. And targeted to our countrysupplement system current situation and problem analysis, summed up the reasons ofsupplementary investigation system insufficient.Through the epistemological changes, breaking the rules of original findings of the factand evidence strict limit, introduced the ahead of time of the procuratorial pre-interventionmechanism, build the construction of double-track investigation mode, the realization of theright of the effective supervision over power, authority duty clear of the three bureaucracyfunctional boundaries, based on this proposed constructive comments can re-buildsupplementary investigation system of our country.