Research On The Supplementary Investigation System At The Stage Of Review And Prosecution By Procuratorial Organs

Examination and prosecution stage is an important part of the criminal procedure,supplementary investigation system mainly be used at this stage,supplementary investigation is not a necessary procedure,only when the investigation organ of the original investigation activities reach effects or problems,applicable supplementary investigation to this program,thus supplementary investigation is to correct and relief of the original investigation activities.However in the practice of supplementary investigation did not play in their application to the original set of features,there are many supplementary investigation,back and not abuse investigation,and the phenomenon of false,standardize its applicable for accurate penalty crime,fully protect human rights,ensure the quality of the case.The paper id divided into the following four parts:The first part:first,the concept,types and the supplementary investigation system application stages of introduction,discusses the goal and the function of the supplementary investigation system set up,and then apply to the examination and prosecution stage of supplementary investigation necessity and applicable condition analysis,for later analysis of the existing problems and reasons.The second part:mainly introduces the running status of examination and prosecution stage of supplementary investigation,first of all to practice in this stage the application of the supplementary investigation and analysis for existing problems.The main problems are:the abuse of the supplementary investigation right,making it the means of “borrowing time”by the investigating authorities;The procuratorial organ shall not return the instrument for supplementary investigation;After returning,the investigation agency will react negatively,and the phenomenon of “withdrawal without investigation”is serious;The quality of the supplementary investigation is low,and the reinvestigation of the case is prominent.The third part:the main analysis of the reasons for the problems of the supplementary investigation in this stage is caused by the legislative,mechanism and judicial aspects.Legislative defects are:there is no clear need supplementary investigation case applicable standards,no difference between supplementary investigation on their own and returned to the supplementary investigation the boundaries between the two ways to apply,there is no clear need standard secondary supplementary investigation.The reasons for the mechanism are:the procedure of supplementary investigation is not regulated,the operation of supplementary investigation lacks supervision,and the misuse of supplementary investigation lacks the assessment and sanctions.There are judicial obstacles:the difference between police and prosecutors and the lack of communication,the rights of suspects and their defenders are not guaranteed.The four part:this part is for the perfection of examination and prosecution stage of supplementary investigation measures put forward the proposal,first of all to the outside of the supplementary investigation system,including the Anglo-American law system and Continental law system countries of supplementary investigation system,and the comparative analysis of the two law system countries,combining our country's situation,put forward the improvement of the system of examination and prosecution stage of supplementary investigation measures,including clear legislative provisions,strengthen construction of the mechanism and the judicial clearance.Clear legislation includes:further refine the supplementary investigation of applicable standards,a clear distinction between supplementary investigation itself and returned to the supplementary investigation for boundaries of the two ways,it has clear standards need secondary supplementary investigation.The strengthening mechanism construction includes:regulating the starting procedure of supplementary investigation,establishing the running supervision mechanism of supplementary investigation,establishing the litigation examination and sanction mechanism of supplementary investigation.The removal of judicial obstacles includes:the enhancement of communication between police and prosecutors,the protection of criminal suspects and their defenders' rights.