Research On The Problem Of Supplement And Correction In Criminal Cases

Supplement and Correction occurred in criminal cases,because the case into the prosecution or trial stage,the facts are unclear or lack of evidence and other issues forced turn back or stagnation.As a litigation system,its existence is not accidental,is rooted in the state's right to prosecute the crime and too much emphasis on the discovery of the real entity.Supplement and Correction is not a necessary procedure for each criminal case,but a "supplement" or "error correction" measure for the investigation.Although China's criminal procedure law has made a corresponding adjustment to the system of Supplement and Correction in recent revisions,but still not enough to cope with the problems in judicial practice.In addition,under the trend of the reform of the system of "trial as the center",it is necessary to targeted research and improve the problems of Supplement and Correction.This paper contains more than 20,000 words,in which illustrates six aspects:The first part introduces the concept of Supplement and Correction,as well as the relevant legislative provisions,and determines the scope of Supplement and Correction in this paper;analyzes the significance of Supplement and Correction to the legislative and practical aspects.The second part from two angles of legislation and judicature,through the analysis of relevant research data,clarifies the operation status of Supplement and Correction,and combined with the current legislative provisions,summed up the contradiction between legislation and practice caused by the mismatch.The third part analyzes the problems faced by Supplement and Correction.For example,breaches exclusionary rule of illegally obtained evidence,lacks of effective supervision,etc.And the real harm to the centralism judgment.The five part investigates the extraterritorial criminal legislation,summarizes the similarities and differences between the representative countries of the two legal systems on the Supplement and Correction system.Compares with china's system of Supplement and Correction,learn from the useful aspects.The six part aims at the causes of the problem of Supplement and Correction,from the perspective of judicial centralism,puts forward the suggestion to perfect the rules of Supplement and Correction.For example,enriches the function of "pre litigation meeting",Establish punishment mechanism,etc.