Study On Supplementary Investigation System

In criminal litigation,supplementary investigation has legitimacy and legality as a system,to find out the evidence,facts,make up for the hole of XingSu program is important,to safeguard human rights and punish crime play a positive role.In specific cases,supplementary investigation is not a necessary stage,belong to the criminal procedure of improper,is on the original defects of detective work to supplement and perfect,at the same time,on the original play a positive role in supervision and investigation work.It has the characteristics of supplementary,abnormal and supervisory.Practice has fully proved that any system can be abused at will without strict procedures and norms.Of course,supplementary investigation,as a permanent system,may also be abused.So there are a lot of problems.For example,due to the imperfect legal provisions on the supplementary investigation system,the initiation and measures of supplementary investigation are easy to be abused by the investigation organs and procuratorial organs in the practical operation.So that the supplementary investigation in some sense,become a mere formality,a waste of judicial resources,reduce the efficiency of lawsuit,make the procedural rights of criminal suspects are neglected,the concept of human rights protection ineffective implementation,and so on."Respect and safeguard human rights into the constitution,the pursuit of the entity and the procedure and the concept of the full performance of the advancement of modern judicial ideas,fully guarantee the realization of procedural justice and basic human rights,for some do not conform to the requirements of rule of law of the present rules to modify and improve in time,improve the supporting measures of supplementary investigation system,make it play its value and significance in the lawsuit practice.On this basis,this paper is written.The structure of this paper consists of the following parts:The first part is an overview of China's supplementary investigation system.Mainly on defining the concept and characteristics of supplementary investigation system in China,the basic theory in detail,the existing research,this paper discusses the necessity and its classification,and analyzes the present situation of supplementary investigation system in China.The second part analyzes the problems and causes of China's supplementary investigation system.As for the status quo and problems,the author tries to analyze the existing stages of supplementary investigation system(i.e.from the stage of examination and arrest,examination and prosecution and court trial).As to the causes,the author analyzes the causes from three aspects: normative level,institutional level and consciousness level.The third part is the foreign investigation of supplementary investigation system.It mainly studies and analyzes the regulations of several types of countries on supplementary investigation system.First,the paper analyzes the current situation of supplementary investigation system in typical countries of civil law system(mainly France and Germany).Secondly,it analyzes the current situation of supplementary investigation system in typical countries of Anglo-American legal system(mainly Britain and America).Thirdly,the status quo of Japan and Russia's supplementary investigation system is analyzed.Finally,the comparison of several typical countries advantages and existing problems of the supplementary investigation system,and puts forward corresponding Suggestions and combining with China's national conditions to distinctive legal transplant recommended,mainly is the main part of the add suggest start the supplementary investigation and establish the system of procuratorial work guiding investigation.The fourth part puts forward the improvement suggestion.Aiming at the problems existing in the supplementary investigation system,combining with the judicial practice in our country,put forward feasible advice,including regulations,examination and prosecution stage of supplementary investigation legal suitable conditions,perfecting the evidence legislation,cognizance and judgment of unified standards,improve the relationship between the prosecutor and police,and establish the system of procuratorial work guiding investigation,returned to the supplementaryinvestigation of detailed outline,perfecting the supplementary investigation supervision mechanism,etc.The existence of supplementary investigation has its necessity and rationality,and its function of combating crime and safeguarding fairness and justice cannot be replaced.Through analysis and research,we will improve the supplementary investigation system.