Research On The Return Of Supplementary Investigation In The Review And Prosecution Stage

The return of the supplementary investigation system in the review and prosecution stage plays an important role in ascertaining the facts of the case,improving the relevant evidence and improving the quality of prosecution.To a large extent,it is necessary to do so.However,through the analysis of the operation of the supplementary investigation,we can see that there are many problems in the legislation and judicature of the supplementary investigation system,such as great conflicts with the modern concept of the rule of law,contradictions and confusion in the operation of the supplementary investigation system,serious lag in the legislation of the supplementary investigation,overuse of the return supplementary investigation means,low quality of the return of the supplementary investigation,and the fact that the procuratorial organs seldom apply the supplementary investigation by themselves,etc.The causes of these problems.In order to make the supplementary investigation system play a more active and effective role,under the realistic background of " the mode of the relationship between the prosecutor and the police" in our country,the following three suggestions are put forward: first,we should correctly understand the role of supplementary investigation,which is a means to effectively charge and prosecute crimes and safeguard the legitimate rights and interests of litigants;second,we should improve the supervision mechanism of supplementary investigation activities,prosecutors should attach importance to the guiding role of the supplementary investigation outline,the investigation organ should establish a research system on returning supplementary investigation cases,rectify the negative evidence collection situation in the process of returning supplementary investigation according to law,and force the investigation organ to actively perform its supplementary investigation duties without exercising the right of appeal according to law.