On The Supplementary Investigation Of The Prosecution Phase System

The fifth Meeting of the Eleventh National People’s Congress adopted the "Decision on Revising<People’s Republic of China Criminal Procedure Law>(The Second Amendment) in March14,2012. When the draft of this amendment to the Criminal Procedure Law has just opened to discuss, Chen Guang zhong, a tenured professor of China University of Political science and Law,pointed out at Phoenix News Conference that the fundamental purpose of "Criminal Procedure Law " is punishing crimes and protecting human rights,but it should be focused more on the protection of human rights, especially the rights of the suspects, defendants, and the person who has been sentenced to guilty." Their protection should be taking more seriously because " they are weak, and have no power to against the authority." Additional Investigation System, as an important part of the Criminal Procedure Law, not only plays an irreplaceable role in keep the quality of the case, but also has an significant influence in the protection of human rights. However, In the prosecution phase, there are flaws in our existing investigation system The author statistics the number of refund program case over the past two years, then analyses the data, finding out that the defect of the current supplementary investigation system concentrate in following three aspects, first, the starting and the content is arbitrary; second, the supervision mechanism is not perfect; third, cases accountability mechanism is not perfect. Those flaws turn the supplementary investigation system into a lawful excuse for law-executor to delay, to prevarication, to violate human rights. It needs our actively exploring to find a way to ensure the system will fulfill the legislators original intention; to ensure the effective implementation of the system. This paper aims to combine the practice of some of the issues to improve the exploration about these problems.The conditions and scope of return for supplementary investigation cases and Fill investigation cases should be cleared; Distinguish the methods to return someone who have committed more crimes and some case which have another criminals; establish an effective incentive mechanism; perfect non-litigation cases assessment mechanism; additional investigation to further regulate the legal instruments production; add cases discussing mechanisms; introduce dispute resolution procedures and other aspects of the system to improve the prosecution phase of the Additional Investigation System.