| The supplemental investigation which embodies the procedure value, respect and protecthuman rights is a unique system in our country criminal procedures. It is a prolonged andnecessary supplement for the original investigation, also has the nature of legal supervision tooffset the original investigation defects and correct the mistakes.In the present judicial practices, supplemental investigation in the stage of reviewprosecution is the most common way, has the obvious return process from the procuratorialorgan to the investigation organ. Even if there is no obvious transfer between the authoritiesin a court trial stage and the examination and approval to arrest stage, it also can not deny itsreturn essence.Along with the development of the legal process, the problems of the existingsystem inour country increasingly exposed.The expansion of power inlegislation procuratorialorgans, the right degree to the criminal suspect in the process of supplemental investigation,cloaking the name of return to extend case handling time and the detention of criminalsuspects.And the share of the return case is on the rise, the procuratorial organ for avoidingthe prosecution failed the adverse consequences and choose to return, but the investigationorgan does not actively dealt with refund cases and so on. These problems make the system ofthe supplemental investigation showing the out-of-control state in the life and against thenational original legislative intention.This paper analyses the current situation of supplemental investigation, clearly see itsdefects and the insufficiency in the actual operation. It is crucial to regulate this system tomake it work inthe frameworkof legnign loop. From the macro level to formulate scientificunified legal norms, realize the real base; building the reasonable specific and securitymeasures to this system’s construction from the micro level.At last change the traditionaljudicial philosophy, strictly regulate the system to play its proper value of litigation. |
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