An Empirical Research Of The Supplementary Investigation In The Prosecution Stage

The supplementary investigation in the prosecution stage is an important part of the Criminal Procedure Law.It has the function of punishing crime and safeguarding human rights.Under the reform of the system of “trial centered”,it's status will be improved.And it's functional value will be more emphasized.However,the supplementary investigation in the prosecution stage has many problems in judicial practice.It's functional value is reduced.Therefore,it needs to be repaired.This paper is based on the data of the procuratorate of D District of C City.And the paper involved the interview of some staff and investigation of some supplementary investigation cases.According to the way of founding questions,analyzing and solving problems,this paper analyzes the problems and reasons existing in the supplementary investigation in the prosecution stage.On this basis,this paper puts forward some countermeasures to solve the problem.It may be useful to further improvement of the supplementary investigation in the prosecution stage.The main structure of the paper is divided into three parts: introduction,text and conclusion.The text is composed of four parts.Firstly,the overview of the supplementary investigation in the prosecution stage.the purpose of this part is mainly to understand the supplementary investigation in the prosecution stage in theory and it's necessity to exist in reality.There are three aspects in this section.Respectively,the nature of the supplementary investigation,the necessity of existence and it's due value.Secondly,an empirical research of the supplementary investigation in the prosecution stage.This part is mainly from the practical view of the supplementary investigation in prosecution stage.It is based on the data of the procuratorate of D District of C City and the interview of some staff.It has summarized four big problems.For example,this system has presented a higher proportion in the judicial practice.It has the problem of less supplementary investigation,Poor quality of supplementary investigation.In addition,the legitimate rights and interests of the suspects have been infringed.Thirdly,the analysis of the causes of the problems in the supplementary investigation of the prosecution stage.This part mainly discusses the causes of the supplementary investigation in prosecution stage from the aspects of legislation and judicial practice.There are two reasons in legislation.On the one hand,there is no absolute limit for supplementary investigation way.On the other hand,the defense lack of litigation rights.The causes in the judicial practice are discussed from the dimension of investigation organs and procuratorial organs.The weakness of investigation quality and internal assessment mechanism are the causes of investigation organ.The distinctive conflict in the allocation of cases,the weakness of reasoning for <Supplementary investigation outline> and supervision are the main causes of procuratorial organs.At last,this part analyzed relationship between the investigation organs and procuratorial organs,there is an ineffective communication.Finally,the countermeasure of improving the supplementary investigation in the prosecution stage.It improves the problems from three aspects.Respectively,on the improvement of relevant legislative,it is essential to distinguish the application of the supplementary investigation and returning supplementary investigation and to give the corresponding litigious right of defense.On the enhancement of related mechanism,it is necessary to improve the investigation system and the procuratorial mechanism.On the optimization of the relationship between investigation organs and procuratorial organs,it is important to establish the system of early intervention of the procuratorial organ and to establish regular communication system of investigation organ.