The Dilemma And Reform Of The System Of Supplementary Investigation

Supplementary investigation of criminal procedure system is a special system, plays a very important role in the judicial practice work. Supplementary investigation procedures throughout the prosecution arrest, prosecution and court trial of three stages, the program covers a wide range, far-reaching. For the purposes of the investigation, the prosecutor, supplementary investigation system has long been in practice seemingly indispensable tool, but for the purposes of criminal suspects and defendants, the program’s existence, especially its abuse, will directly damage to their basic rights, while a variety of criminal proceedings against the inherent requirements hinder the development and improvement of the Criminal Procedure Code.According to some supplementary investigation procuratorate prosecution stage in the review of the practical data, and I understand that defense lawyers and judges of the court of criminal investigation procedure of view, form the basic views of the supplementary investigation that:in the stage of arrest, investigation procedure in our country there is a problem, but not the most prominent, and review the prosecution and trial stages, the supplementary investigation is troublesome. Therefore, to solve the problems brought by the present supplementary investigation system, must be implemented by means of the reform.In the prosecution links, supplementary investigation for the frequency is high, the supplementary investigation object is not only strict verification, supplementary investigation increase work burden, the supplementary investigation is "degenerate", which deviates from the original program. The root of the problem lies in the judicial field, in China, lack of the balance of power, the detective agencies always have an overwhelming advantage to suspect a lawsuit, to supplement the investigation procedure is the survival of the soil. The direct reason is the influence of traditional ideas, fill in the investigation the relationship between police and procuratorate, the legislative loopholes and supplementary investigation procedure itself. Although China’s current system of supplementary investigation still continue to play a positive role in practice, but the system to highlight the drawbacks, which not only damage the basic rights and interests of the criminal suspect, the defendant, but also not conducive to China’s public prosecutor, the three organs in the judicial activities fully and effectively play the vital role. In the stage of review and prosecution, instead of the traditional legal concepts of dross; improve the coordination of police seized two organs handling thinking and ways of handling cases, reducing the frequency and improve accuracy, do targeted supplementary investigation; To strengthen the defender for supplementary investigation program intervention, let the program run in the sunlight, to avoid private treatment.At the trial stage, the supplementary investigation procedure not only appear in the application areas of excess, did not reflect the value of its application, but also a serious impediment to the principles of justice in practice to implement. The program can make up the disadvantages of the previous stage smoothly into the trail, with the weakness of defendant rights, it will further exacerbate the imbalance of status. The abolition of the phase of the supplemental investigation system, fundamentally break the evil root program, also by a court of justice, neutral judicial environment.