The Researchonthe Countermeasureto Realizethe Self-Supplementary Ivestigative Pn Ower

Under the background of supervisory system reform and trial-centered litigation system reform,more and more attention has been paid to the functional value of procuratorial organs'self-supplementary investigative power.How to build up the whole procuratorial organs' self-supplementary investigative mechanism,improve the quality and efficiency of handling cases,strengthen investigative supervision and enhance the effectiveness of legal supervision of procuratorial organs has become a very worthwhile issue to study.Self-supplementary investigative power has dual attributes of investigative power and procuratorial power,and has the characteristics of specific subject,supplementary and personal experience.Based on the typical cases of self-supplementary investigation and the practice data of the people's Procuratorate of Xinhua County,Hunan Province,this paper makes a comprehensive analysis of the types of self-supplementary investigation cases,self-supplementary investigation items,measures,exercise procedures,time use and treatment,and focuses on the necessity and importance of self-supplementary investigation rights.It is necessary to exercise the power of self-supplementary investigation because of the differences of investigation and procuratorial opinions in practice,the neglect of investigation and illegal investigation by the investigative organs,and the fact that the procuratorial organs supplement a small amount of easily accessible evidence in order to improve the efficiency of handling cases.The realization of self-supplementary investigative power plays an important role in improving the quality of evidence,improving the efficiency of handling cases,strengthening litigation supervision,carrying out self-investigation and realizing substantive justice.Combining with the practice,this paper summarizes the problems existing in the realization of self-supplementary investigative power,such as less application,non-standard exercise,ineffective exercise,lack of operational guarantee,assessment,supervision mechanism and so on.In the last part of this paper,we focus on the problems in the realization of self-supplementary investigative power,and put forward the provisions of perfecting self-supplementary investigative power.If it is clear that the exercise of self-supplementary investigative power should be exercised,the situation of self-supplementary investigative power can be exercised,the situation of self-supplementary investigative power should not be exercised,the period of self-supplementary investigative power should be defined,and the right of self-supplementary investigative power Starting and exercising procedures;putting forward specific measures to enhance the ability of self-supplementing investigation,such as establishing a training mechanism for self-supplementing investigation talents,introducing investigation professionals,giving full play to the role of judicial police in assisting self-supplementing investigation,integrating,updating and introducing technical forces;putting forward specific countermeasures to improve the mechanism of operation guarantee,assessment,rewards and punishments,such as establishing a mechanism within the procuratorial organs.Coordination and operation mechanism of external and superior and subordinate levels to deploy personnel and ensure the exercise of self-supplementary investigative power,including the development of self-supplementary investigative power into the scope of assessment,the establishment of incentive and disciplinary mechanisms to promote the standardized exercise of self-supplementary investigative power,and put forward to improve the supervision mechanism of self-supplementary investigative power exercise,through the special supervision of the case management department,the departments are responsible for it.The examination and approval supervision of persons and full-time members should strengthen the internal supervision of self-supplementary investigative power,and the external supervision of self-supplementary investigative power should be strengthened by introducing the supervision of the litigants,defense lawyers and people's supervisors.