| Suspend the investigation is an unconventional criminal proceeding that applies when the investigation obstacles appear. It is in urgent need during the handling practices. However, there is no official legislation. In order to solve this issue, the Supreme People’s Procuratorate made useful attempt by judicial interpretation in the original <People’s Procuratorate rules of criminal procedure> about the applicability and the procedures of suspending the investigation and recovering the investigation. In January 2013 the "new Criminal Procedure Law" has been modified and has come into force. To adapt to the new law, the Supreme People’s Procuratorate made systematic changes on the <People’s Procuratorate rules of criminal procedure>, including the deletion of the relevant provisions relating to suspension of the investigation. However, the investigation obstacles are and will still be an objective reality for a long period of time. Without relevant measures in the scope of investigation system in respond to this situation, there will be no legal support for the prosecution investigators to deal with unexpected obstacles that appear during the investigation. It is therefore extremely necessary to reconstruct the rules about suspension of the investigation within the existing legal regime. Moreover, in order to complete our criminal investigation regime, it is of vital to explicitly design the conditions and the approval processes of suspension of investigation, as well as the conditions and processes of recovery of investigation based on the original rules about the suspension of investigation. |
