Supplementary Investigation System In The Trial Stage

The supplementary investigation at the trial stage refers to the fact that the prosecutor finds that the case in which the public prosecution was filed needs to be supplemented by investigations and proposes supplementary investigations.The people's court may postpone the trial,the supplementary investigation period is one month,and the supplementary investigation has two Times is limited.The supplementary investigations in the trial phase include the characteristics of starting the unidirectionality of the subject,the main body of the investigation,the broadness of the initiation cause,the limited number of investigations,and the undetermined effectiveness of the investigation.This mechanism has the functions of fact identification,evidence review,procedure reversal,and supervision investigation in the criminal procedure.At this stage,although the law has limited the time and frequency of supplementary investigations at the trial stage,it is too broad in terms of priming circumstances.As a result,in practice,the supplementary investigation rate is too high,and the secondary retreat is still high;at the same time,due to the lack of necessary The guiding and supervisory mechanisms of investigations have led investigation agencies that undertake specific supplementary investigation duties in practice,often failing to meet the pre-determined requirements of supplementary investigations,and blurring the effectiveness of supplementary investigations.In addition,since the prosecutors has the decision-making power to supplement the investigation,it leads to inequality in the prosecution and defense in practice,and the separation of the prosecution and trials makes it impossible for the court to establish the judging authority in the supplementary investigation and decision-making process.The defendant also supplements the investigation process during the trial phase.There is no right of participation or defense in the investigation,so that supplementary investigation has become a tool used by the People's Procuratorate to evade acquittal judgments and resolve the risk of losing the lawsuit.At present,under the reform of the litigation system centered on trials,it is necessary to speed up the refonn and improvement of supplementary investigations at the trial stage,and on the basis of theoretical reconstruction and the participation of prosecution and defense tribunals in supplementary investigations,and on the basis of start-up subjects.Relevant improvements should be made to the causes,processes,and supervision,and a more reasonable system of supplementary investigations at the trial stage should be constructed so that it can play its due role.