Reflection And Consummation Of Supplementary Investigation At Review And Prosecution Stage

In the criminal procedure of our country,Supplementary Investigation at Review and Prosecution stage attracted the attention of all the parties again,facing the trial-centered litigation system reform and supervision system reform.On the one hand,it provides a chance to adjust the relationship between Investigation and Prosecution.Also,it can transmit quality requirements of cases from trial to investigation period.On the other hand,as a remaining part of the "mobile investigation power",it has gradually attracted the attention of all parties,prompting the procuratorate to make timely adjustments to their functions.But in practice,the system still has many problems and shortcomings,including both normative aspect and institutional level.In order to ensure the legalization of supplementary investigation system,it is necessary to reexamine its legislative status and supporting mechanism.This paper is based on the data and interviews of the procuratorate,with analysis of the causes of the problem,and then put forward some advice to make the value of supplementary investigation system in the prosecution stage fully achieved.This paper is divided into four chapters:The first chapter is a general introduction to the supplementary investigation at the stage of review and prosecution.Combined with the provisions of the criminal procedure law,it summarizes the classification formed according to the differentstages of the supplementary investigation,and leads to the theme of this article,that is,the supplementary investigation at review and prosecution stage.The characteristics and advantages of the two means are compared and analyzed in accordance with the different subjects,which are divided into two methods: return supplementary investigation and self supplementary investigation.Combined with the current background of the reform of the judicial system,it analyzes new requirements for the new situation for the supplementary investigation and new challenges to the analysis of reform,focusing on the two systems: one is the influence of the trial-centered litigation system reform;another is under the background of the supervision system,the procuratorate should make timely adjustments to their functions,strengthen exercise of the right to the supplementary investigation.The second chapter is the empirical analysis of the supplementary investigation system,this chapter is mainly based on visits and investigation of procuratorate in S city,with data collected in this process as the basis,author will visualize,explore and research status of the system of practice and the problems encountered,summarize the defects of the system in the process of operation,such as the nature of complementary measures: positioning the alienation of normal measures;on the means: return and self complementary parallel to relying too much on the application of return;in the document: the supplementary investigation outline is general and not standardized;another point can not be ignored is the relief of the right of criminal suspects.The third chapter is to analyze the causes of the defects of the system.First of all,from the normative level,the provisions of the current criminal procedure law and the people's Procuratorate's criminal procedure rules are still too general.In addition,the procedure for supplementary investigation is initiated only on the basis of the work manual made within the procuratorate.Finally,the power and responsibility have been misplaced between the two sides of the system.Secondly,it has also been disjointed at the practical level.First,there is a long-term contradiction between the amount of cases and human resource in the procuratorate.Second,since the understanding of the standard of proof is not uniformed between the two sides,leading to differences and conflicts easily,some investigators even have psychologicalconflict because of lacking communication between the two sides.Third,supplementary investigation lack relevant constraints,the supplementary investigators do not take the supplementary investigation seriously,and prosecutors ignore the importance of outline and show strong randomness,the procuratorate has no control measures and means of investigation activities is single,lacking supervision and restraint system formed both inside and outside.The fourth chapter is the emphasis of the article.The author puts forward some suggestions and ideas for perfecting the system,in order to contribute to the maximum utility of the system.The perfect legal provisions and the complete operation mechanism are the fundamental measures to solve the various alienation trends in the practice of supplementary investigation system.First of all,the application should start from the following aspects: first,formulate a unified standards of evidence,and applicable conditions of detailed investigation;second,distinguish the two means,this paper tries to put forward the application of specific types of cases for self investigation and analyzes its necessity and rationality;third,standardize reimbursement procedures in three aspects-decision subject,procedure of decisions and the dispute settlement mechanism process.Secondly,strengthen investigation guiding work,pointing out the necessity of the supplementary investigation,the author thinks that should include: 1)focus on the combination of single case guidance and guiding specific types of cases;2)establish reasoning mechanism of return investigation;3)support investigators to attend trials.Thirdly,the construction of effective supervision mechanism is discussed from two aspects of external and internal.Finally,activate the self-investigation function.Finally,from the supplementary investigation as the breakthrough point,the author puts forward a forward-looking thinking to retain the necessary limits of investigation for the procuratorate and explore the construction of a new power of mobile investigation.