The Returning Supplementary Investigation In The Perspective Of Critical Thinking

The returning supplementary investigation is remedial measures to the original investigation activities,it's the important way of carrying out righting every wrong.It reflects the idea of justice judiciary.But the practice shows that there exists bad phenomena on the supplementary investigation procedure,for example,the rate of the second returning for supplementary investigation remains high,the extending custody is serious,which makes the criminal suspect's legitimate rights damaged.There appears an endless stream of injustice,which challenges the judicial authority.It is the imperfect of supplementary investigator's way of thinking that leads to the phenomenon,there exists some defects in the common thinking ways.The critical thinking,which is the fully with comprehensive,independent with rational,objective with truly,plays an important role in making up for the defects of common thinking methods,guiding the supplementary investigation and improving the benefits of the supplementary investigation.Combining the theory with the practice,the article mainly analyzing the critical thinking using in the returning supplementary investigation of the prosecution procedure.The article consists of three parts.The first part outlines the critical thinking,introducing its meaning and features by defines of different scholars.The critical thinking evolves from the exploratory question of the Socrates in ancient Greece until now,its meaning is richer.Although there isn't a unified definition about it,the nature is consistent.The critical thinking is a way of affirming boldly and negating carefully.It is the strict and careful thinking way,at the same time,it is comprehensive and open.It requires us to think independently on the basis of referencing others' opinions.The second part analyzes the necessity and value of critical thinking in the returning supplementary investigation.Firstly compare the supplementary investigation with original one to explain its meaning.Then by analyzing the shortcomings of common thinking ways,such as the intuition thinking,the analogy thinking and the backing thinking,to highlight critical thinking's advantages.The critical thinking can make up those shortcomings during the returning supplementary investigation,then improve judicial efficiency,reduce the rate of the second supplementary investigation,tell the truth as soon as possible and promote substantive justice.At the same time,it can regulate the relationship between the prosecutor and the police,to improve the judicial credibility.The third part discusses how the critical thinking is applied to the returning supplementary investigation.This part is mainly divided into two sections.First of all,it explains three principles,such as reflect and question,objective and fair,when critical thinking is applied to the returning supplementary investigation.And then,the critical thinking,which is implemented in the specific practice of the supplementary investigation,requires to detail the supplementary investigation outline,use the divergent thinking to propose the investigation hypothesis.When interrogating the criminal suspect,the investigators should be careful and grasp the details.By doing these can make the supplementary investigation carried out efficiently.But there exists some difficulties on applying the critical thinking to the supplementary investigation because of imperfection of relevant law and the supplementary investigator's subjective initiative,So it is necessary to improve the level of the investigators and perfect the relevant laws,which provides proper environment to the critical thinking to guide the practice better.