Research On The Control Of Supplementary Investigation

Under normal circumstances,the operation of the proceedings is the legal order in the progressive.After the end of a litigation stage,the case will get into the next stage of the proceedings or to the end.However,the judicial practice of the case itself vary widely,complex and diverse,the proceedings in some cases may be back to the phenomenon.Supplementary investigation is the end of the investigation,the transfer of the prosecution or the court to deal with and found that the investigation results can not meet the requirements of the facts of the case and so on,so back to the investigation phase,the original investigation of the supplementary activities,is the abnormal state of the operating procedures.As a legal reverse operation procedure,complementary investigation has a deep foundation of existence,which is determined by the subjectivity and objectivity,supremacy and non-supreme nature of philosophical understanding,and demonstrates its protection of criminal law enforcement entities Justice and the value of the process itself.However,the state power has the nature of the nature of the expansion of the initiative,the right to supplementary investigation is no exception,especially in the strong public power in front of citizens as a weak party,the protection of human rights is more prominent.Therefore,compared with the forward operation procedure,the supplementary investigation procedure must have more humble and balanced character,and it needs to strictly control the operation of the supplementary investigation procedure,mainly from the countries of the common law system and civil law countries.The experience of control,based on our country's legal provisions and system status,the dynamic control from the judiciary and the investigation of statutory statutory static control of two aspects of control.Self-discipline and inspection and supervision,the lack of a neutral body of the constraints and supervision,there are significant flaws,resulting in a lot of problems,and therefore need to learn from the Western powers of judicial control of the operation of judicial experience in the judicial power of investigation legitimacy Based on the analysis of the construction of China's judicial power control,according to China's law to supplement the provisions of the investigation found that the current provisions of the supplementary investigation of the way,time and other issues should be targeted to be the appropriate perfection.A set of effective system,to achieve the static control of the supplementary investigation.