Research On The Actualization Path Of Supplementary Investigation Procedure In Public Prosecution

The right of supplementary investigation of the People's Procuratorate is of great significance in improving the quality of public prosecution cases and improving the objectivity and correctness of trials.However,in judicial practice,it is subject to ambiguous legislation,sluggish mechanisms,and lack of regulation in practical operations.The self-supply investigation is difficult to effectively carry out and is idled.The return of supplementary investigation also has the problem of high secondary reimbursement and the prolongation of the time for the prosecution of the case due to the expiry of the examination and prosecution period.This has caused a waste of judicial resources.Under the background of the reform of the litigation system in which trials are at the center of our country,the supplementary investigation procedure can become an important way and carrier for the procuratorate to fully play its role and effectively supervise investigation activities.It involves the construction of the prosecution-police relationship.The balance of prosecution and defense relations and the exclusion of illegal evidence and the protection of the human rights of suspects in custody are extremely important.Therefore,the supplementary investigation of public prosecution should not be completely negated,and it is necessary to further establish and improve the supplementary investigation operation mechanism of public prosecution.This article analyzes the definition,nature and historical evolution of the supplementary investigation in the public prosecution process,sums up the legal source,legal basis and development trend of the supplementary investigation system,and makes a detailed and comprehensive analysis of the operational status of supplementary investigation using empirical data.Summing up the problems existing in the supplementary investigation system,and referring to the merits and demerits of the complementary investigation systems represented by the two major legal systems,and combining the characteristics of China's current criminal procedure system,it proposes feasible countermeasures and suggestions.