On The Right Of Supplementary Investigation In The Trial

The right of supplementary investigation in the trial to the correction or perfection of the original investigation in the criminal cases,and it is initiated at the stage of the court hearing by the procuratorate.Due to the lack of legislation and the judicial violation operation,the right of supplementary investigation in the trial could not be well implemented as the original intention of the institution design,meanwhile,an amount of problems are exposed.Based on the practice of judicial work,this paper analyzes the situation of the handling cases of the Procuratorate of Ordos from 2012 to 2014 and finds out some problems implementing the right of supplementary investigation in the trial in the actual work.For example,the court may "borrow time" by making use of it;the procuratorate avoids the risk of innocence and starts programs randomly and overusing of it;the legal rights of defendants are difficult to protect etc.Through analyzing the causes,I hold the view that the problems can be solved and the policy can be improved from two points of views.On the one hand,from the point of view of legislation,the right of supplementary investigation in the trial should be gradually abolished.Besides,the court should decide whether to start or explore the establishment of the prosecution and censorship system.On the other nana,from the perspective of the existing system,it is necessary to strictiy control the quality of public prosecution cases,to establish a sound assessment mechanism and to protect the defendant and its defenders legitimate rights and interests.The thesis is divided into three parts.The first part is about the generalization of the right of supplementary investigation in the trial.Accord to the current law and the judicial interpretations,I present a necessary analysis and generalization of the right of supplementary investigation in the trial to clarify the characteristics and significance of the rights,and to pave the way for the following part.The second part introduces the empirical research on the Procuratorate of Ordos exercising the right of supplementary investigation in the trial.Based on the case of the Procuratorate of Ordos from 2012 to 2014,this part analyzes and summarizes the application situation of the right of supplementary investigation in the trial in practical works.The specific contents include the application situation,the characteristics,the effects and the existence of problems,causes and so on.The third part indicates the improvement the right of supplementary investigation in the trial.Form the perspectives of legislation and the improvement of the existing system,I put forward my own ideas and suggestions.The date analyzed in this paper is extracted from the statistics of the Procuratorate of Ordos which ensures the accuracy of the study.