Research On The System Of Supplementary Investigation

As a conflict resolution mechanism based on the context of public relief, supplementary investigation acts significantly as a basic component of the modern rule of law and also the minimal guarantee of justice; it is equipped with the quality of legitimacy and validity, thus having a far-reaching impact on settling disputes smoothly.With the unique property of complementary, dispensability, and supervision, supplementary investigation pertains to the category of irregular criminal procedure. It is committed to supplementing and perfecting the original defective detection as well as supervising the original investigation in accord with the law of case.As to the design and function of criminal procedures, supplementary investigation ought to perform the function of normalizing power. Nevertheless, the system lack of checks and balances would be seen as a piece of trumpery artwork. Practice has proved that Reveres Procedure which supplementary investigation included may possibly present applicable randomness under the premise of little strict procedural safeguards. If so, that the intention of legislation on supplementary investigation system might have been seriously distorted even in the practice of lawsuit, thus bringing about the following problems. Firstly, abusing or misusing supplementary investigation measures occasionally for lack of limitations on the supplementary investigation. Secondly, the inadequate effect of supplementary investigation leads to the waste of investigation resources and reduction of lawsuit efficiency. Thirdly, the ethos of sloth and slack in public power are encouraged owning to extending the investigation duration and prosecution deadline. Lastly, litigation rights of criminal suspects are neglected so that the concept of human rights protection cannot be further implemented.With the breakthrough point of introducing basic problems of supplementary investigation system and through an in-depth analysis of existing problems as well as their causes of the supplementary investigation in our country, this thesis puts forward the idea of perfecting the supplementary investigation system in our country from two aspects of law building and specific system design, expecting to fundamentally solve the problems which exist in the supplementary investigation system in China by means of improving legislation and standardizing specific measures further.