Research On Supplementary Investigation Of Prosecution

The stage of review and prosecution is an important link in the entire criminal procedure,and the supplementary investigation system is mainly widely applied in this link.The supplementary investigation stipulated in the Criminal Procedure Law of our country is a system of great significance,which is the correction and relief of the original investigation work,but not every criminal case will apply this system,only when the original investigation work is defective,the supplementary investigation system will be applied.The application of the supplementary investigation system in the stage of review and prosecution is of positive significance,but unfortunately,in judicial practice,the system has the problems of alienation into normal procedures,the quality of supplementary investigations is not high,and the application rate of supplementary investigations by itself is low.The application of the supplementary investigation system at the stage is regulated and improved to better realize its value.The full text is divided into four chapters.Chapter 1: Review the basic theory of the supplementary investigation system at the prosecution stage.This chapter summarizes the relevant theories of supplementary investigation at the stage of review and prosecution in accordance with the provisions of the current law and paves the way for future research and discussion.The firstsection discusses the overview of the supplementary investigation system at the review and prosecution stage,the second section discusses the nature of the supplementary investigation system at the review and prosecution stage,and the third section discusses the value of the supplementary investigation system at the review and prosecution stage,aiming to analyze the existing problems and causes Make a bedding.Chapter 2: Existing problems in the operation of supplementary investigation in the stage of review and prosecution.This chapter summarizes the operation status of the supplementary investigation system in the review and prosecution stage through the collected data and sorts out the existing problems on this basis.The first section is a summary of the status of the operation of the supplementary investigation system at the stage of review and prosecution.At this stage,the operation status is mainly due to the high proportion of supplementary investigation cases,the high proportion of secondary return of supplementary investigation cases,and the extremely low proportion of voluntary supplementary investigation cases.The second section is to analyze the problems in the supplementary investigation system at this stage.The main problems are: the normalization of supplementary investigations,the low quality of supplementary investigations,the falsification of supplementary investigations on their own,and the damage to the rights and interests of criminal suspects.Chapter 3: Analysis of the causes of supplementary investigation problems in the review and prosecution stage.This chapter analyzes the problems in the supplementary investigation system at the stage of review and prosecution from the perspective of legal norms and judicial practice.The first section analyzes from the perspective of legal norms and believes that the reasons for the problems in the supplementary investigation system are: the stipulations of the application conditions of supplementary investigation are ambiguous,and the application methods are insufficiently distinguished.The second section analyzes from the perspective of judicial practice and believes that the reasons are as follows: lack of supervision of returned supplementary investigations,inconsistent understanding of certification standards by the procuratorial organs and investigative organs,insufficient reasoningfor returned supplementary investigation outlines,and a large number of people in the procuratorial organs.Chapter 4: Perfect suggestions for the supplementary investigation system at the stage of review and prosecution.This chapter puts forward suggestions for improving the supplementary investigation system at the stage of review and prosecution from the level of legal regulations,the mechanism of prosecution and case handling and the supporting mechanism of procuratorial organs.The first section puts forward suggestions for improvement from the level of legal provisions and considers that the application conditions of supplementary investigations need to be improved,including the distinction between the application scope of returned supplementary investigations and self-supplemented investigations.In addition,the outline of returned supplementary investigations should be refined and the protection of the rights of the parties should be strengthened.The second section puts forward perfect suggestions from the level of the prosecution investigation mechanism and believes that it is possible to construct a two-way feedback mechanism and a public prosecution guidance investigation mechanism in the supplementary investigation at the stage of examination and prosecution.The third section puts forward perfect suggestions from the perspective of supporting mechanisms of procuratorial organs and believes that it can promote the construction of self-replenishment investigation teams and establish a scientific and reasonable assessment mechanism.