The Analysis Of The Problems And Suggestions Regarding The Supplementary Investigation System At The Stage Of Examination And Prosecution

At the stage of examination and prosecution in criminal proceedings,China's criminal procedure legislation has improved the quality of criminal proceedings in China by creating a supplementary investigation system to be returned to public security organs.At the same time,it can also help prosecutors and investigation agencies to find out the facts of the case and collect evidence related to the crime.For the criminal procedure in our country,the objective existence of the supplementary investigation system of the public security organs has important significance and value that can not be ignored.At present,however,a series of chaos and problems have appeared in the course of the operation of the supplementary investigation system of the public security organs.On the one hand,there is a certain degree of abuse of the supplementary investigation system returned to the public security organs during the examination and prosecution stage.On the other hand,when the public security organs and procuratorial organs returned to the public security organs to supplement the investigation system during the application of the examination and prosecution stage,a series of problems such as "circumventing the legal deadline for investigation","retreating without investigating",and "formatting the supplementary investigation outline" appeared.In view of this,from theperspective of judicial practice,it is of great theoretical and practical significance to further analyze and study the problems existing in the current investigation and prosecution stage of China's review and prosecution to the public security organs,and then propose targeted solutions and strategies.Specifically,the paper is divided into the following four aspects: The first part,on the basis of the clear concept of supplementary investigation,further studies and analyzes the concept and connotation of supplementary investigation returned to the public security organs at the stage of examination and prosecution.At the same time,the author discusses the main features of the investigation system which is returned to the public security organs during the examination and prosecution stage.That is,complementary features,program backflow features and investigation attributes characteristics.Finally,this part makes a brief review of the relevant legislation,judicial interpretation and legal documents concerning the review and prosecution phase of China's return to the public security organs for supplementary investigation system.In the second part,by collecting relevant network data,the author summarizes and analyzes the operation of the supplementary investigation system returned to the public security organs at multiple levels and in multiple regions.Then the average proportion of supplementary investigation cases returned by China's procuratorial organs during the examination and prosecution stage is analyzed.At the same time,it also analyzes the characteristics of returning supplementary investigation cases in the course of judicial practice andthe characteristics of re-transfer review.The third part systematically analyzes and discusses the problems faced in the course of the operation of the supplementary investigation system.This paper mainly expounds the related problems from three aspects: abuse of power,retreat from investigation,and filling the outline of investigation.In the fourth part,according to the relevant questions put forward in the third part,one-to-one suggestions and strategies are given to improve the path level.At the same time,it also puts forward some innovative suggestions such as constructing supplementary investigation guidance mechanism.