The Supplement Of Public Prosecution

The supplement of public prosecution is refers to the procuratorial organs found missing in their accused criminal suspects or other crimes after the prosecution prosecution,before the end of the court trial,and can be sued with the original complaint,it means a new accusations content or an new prosecution request added on the basis of the original suit.The supplement of public prosecution is mainly divided into the supplement of the facts of crime,the addition of the accused and the addition of case.As an important forms of the alteration of the public prosecution,the supplement of public prosecution will have a significant impact on the litigation strategy of both sides,the litigation structure and the trial process,and it is related to the justice and efficiency which two eternal themes of criminal procedure.Subject to the single nature of the case,the unprosecuted case of the court shall not be tried,and the existence of additional public prosecution is reasonable.The contents of the supplement of public prosecution in our country mainly come from the justice explanations that the Supreme People's Court and the Supreme People's Procuratorate formulated,it provides the preliminary stipulation to the applicable condition and procedure of the supplementary prosecution,and provides the basis for the operation of the supplementary system of public,however,there are still some deficiencies such as the lack of legality,the lack of systematization of the articles,the unclear definition of the concept,the wide scope of the filing time,the inadequacy of the supplementary public prosecution,the lack of security of the defendants' rights,the lack of the legitimacy of the court's suggestion,the prosecutors"self-trial self-approval",the lack of neutrality reviewer.In justicial practice,there are some problems such as abuse of power of public prosecution,lack of normalization of supplementary action,and the danger of long-term custody of defendants.There are two kinds of the extraterritorial attitude to the supplement of public prosecution,one is to prohibit,the other is to allow additional,most of the countries that allow the supplement of public prosecution have strictly restricted the system,from the applicable subject,the supplementary form,the time of filing and the protection of the defendant's rights and interests,so as to make the power of public prosecution exercised within a reasonable scope.The construction of the supplementary system of public prosecution should be guided by the balance principle of the prosecution and defense and the principle of power restriction,the system should be established in the Criminal Procedural Law.Clarified the prosecutors' right to the supplement of public prosecution and the court's right to review,restricted the missing accused criminal suspects or crimes appropriately on the basis of the original legal cause,and included the missing case implicated to the original suit to the matters of the supplement of public prosecution.Clarifying the jurisdiction principle of" on the high not on the low" and the settlement consultately in the supplement of public prosecution;In the procedure of the sistem,the filing time should be before the end of the first trial,the frequency shall be limited to one time;the protection mechanism of defendants' rights should be perfected,the defendant's right to know and dissent should be clarified,and adequate time to prepare for defendent;Clarifying the separation and withdrawal of the cases in the process of exit mechanism.To prevent the abuse of the supplementary right of public prosecution,established a mechanism which not only has due procedure,but also can give full play to the lawsuit economic function,and can guarantee the defendant's rights.