Improving The Supplementary Investigation System Of Death Penalty Cases

With a number of mistrials and perversions of justice sound the alarm of evidence in death penalty cases,and the concept of human rights protection promote to a new level in criminal proceedings,judicial workers should pay high attention to those problems that how to perfect the system of evidence and enhance the concept of evidence review in death penalty cases.The supplementary investigation system is a legal reverse procedure of investigation, as an important method to perfect the evidence system, which plays an important role to ensure that properly evidence standard of plena probatio in death penalty cases. But, in practice,the supplementary investigation measure reused rate is high in the death penalty cases,which perfect the evidence system have been inadequate and fail to play the actual effect,which deviate from the original intention of the legislation. on basis of supplementary investigation of death penalty cases data in one procuratorial organ in recent years, the author as a prosecutor, who engaged in prosecution work for many years,analyzes the present operate situation of supplementary investigation measures in death penalty cases,describes many imperfections in supplementary investigation measures for prosecution and trial stage,which show the supplementary investigation outline quality is low, hidden extended custody is existed, and the legitimate rights and interests of the parties are infringe and so on. The author objectively and comprehensively analyzes various reasons that impact the supplementary investigation measures from value level,legislative level,model level and function level. The writer puts forward to set up the concept of human rights protection,perfect the legislation, refine the supplementary investigation procedures and a series of highly individualized approach, and comes up with audacious scientific ideas that change the current pattern from having equal investigation and litigation to prosecution guiding investigation mode, cancel the supplementary investigation measures of trial stage,and achieve the positive interaction between investigation and prosecution.To discuss the improvement of death penalty cases of the supplementaryinvestigation system, in order to fundamentally reform supplementary investigation system in death penalty cases, and promote the criminal evidence system and standard.That is benefit for update the concept of criminal evidence.