Research On Supplementary Investigation System In Procuratorial Organs' Review And Prosecution Stage

The supplementary investigation system in the review and prosecution stage is determined by China s unique judicial status and litigation structure model.It traces the suspected suspects,investigates the suspected criminal facts,constructs the evidence system,regulates the investigation procedures and protects the lawful rights and interests of the prosecuted.All aspects play a procedural guarantee.For the procuratorial organs,the use of supplementary investigation procedures in a scientific and standardized manner is of great positive significance for alleged crimes and prosecutorial supervision.In judicial practice,the operation of supplementary investigative measures,such as returning normalization of supplementary investigation,serious technical retreat problems,retreat without replenishment,ineffective remediation,and self-replenishment of investigative power idle,seriously affect the efficiency of review and prosecution,and hinder litigation activities.The smooth progress of the parties violated the legal rights of the parties.This paper takes the basic theories of the concept,characteristics,classification,development and litigation value of the investigation system as the starting point,and empirically analyzes the operation status of the supplementary investigation system in practice during the review and prosecution stage,focusing on the underlying reasons for the above problems.Under the background of trial-centered litigation system reform and judicial system reform,how should the procuratorate carry out supplementary investigation work to ensure the realization of its litigation value,and propose a perfect path to improve the prosecutorial practice.This paper is divided into four parts:The first part summarizes the supplementary investigation system in the review and prosecution stage,including the concept,characteristics,development and value orientation of the supplementary investigation system.The second part uses the empirical analysis method to supplement the investigation in the current prosecutorial examination and prosecution stage.The operation and characteristics of the system are analyzed.The third part analyzes the problems and causes of the investigation system in the judicial practice in the review and prosecution stage.The fourth part proposes a standardized and perfect path for the supplementary investigation system in the review and prosecution stage.