An Empirical Study On The Return Of Supplementary Investigation In Public Prosecution

Supplementary investigation refers to the investigation activities of the domestic judicial organs on the basis of the original investigation and re-investigating and collecting key evidence exhibits in cases where the evidence is insufficient and the facts are not clear.Especially for the procuratorate,supplement the case information at the most appropriate time,make the most correct case handling and judgment,prevent work mistakes,ensure the fairness and fairness of the work of the procuratorate,and effectively avoid errors and omissions in the litigation process.Significance.However,if the public prosecution agency abuses the supplementary investigation power in practice,it will not only affect the normal litigation cycle of the case,but also reduce the efficiency of the litigation.At the same time,it will also impair the legitimate rights and interests of the criminal suspect,which is not conducive to the protection of human rights.This paper intends to collect and analyze the various criminal cases examined and prosecuted by the public prosecution department of a grass-roots procuratorate from 2015 to 2017,and collect information through interviews with the case file,talk with the public prosecutor and investigators,and quantify and characterize the relevant data and information.The type analysis analyzes the characteristics of the procuratorate returning supplementary investigation cases in practice,analyzes the problems and causes,and finally puts forward reasonable suggestions for the public prosecution department to use the supplementary investigation system more effectively.This article consists of five parts:The first part introduces in detail the summary of the supplementary investigation system,including the following aspects: the origin of the supplementary investigation concept,the characteristics of the supplementary investigation,the development process of the supplementary investigation system in China,and the important role of the supplementary investigation system.The empirical analysis provides theoretical support.The second part makes a rational analysis of the supplementary investigation of the public prosecution,including the requirements of the litigation concept,the manifestation of the litigation value,and the requirements of judicial reform.The third part analyzes the general situation of the retired data of a grassroots procuratorate in the past three years,analyzes the types of retired cases,analyzes the causes of supplementary investigations,and analyzes the handling of the public prosecution after returning supplementary investigations.There are characteristics that the rate of restitution is increasing year by year,the quality of the first repayment is not high,the rate of restitution of common crime cases is high,and the rate of restitution of economic cases is high,and most cases are returned due to unclear facts and insufficient evidence.Supplementary investigation.The fourth part is based on the above empirical analysis to find out the problems existing in the practice of the retreat,mainly from the aspects of legislation and practice.At the same time,from these problems,it is found that the reason for the current situation is that the investigators have insufficient ability to recognize the new and complicated crimes;the investigation mode of China is unreasonable;the relevant laws and regulations are not perfect.The fifth part puts forward suggestions for perfecting the supplementary investigation system through the problems and reasons of the appeal,including improving the early intervention mechanism of the procuratorial organs,constructing the mode of investigation and integration,strengthening the "trial-centered" litigation mode,and strengthening the procuratorial organs.Self-replenishment of investigative capabilities,etc.