Supplementary Investigation System Research

Supplementary investigation refers to the criminal procedure in which the investigation organ continues to investigate and supplement the collection of evidence on some facts of the case in accordance with the provisions of the law,and it is an unusual and irreversible procedure.In criminal activities,supplementary investigation plays an important role in ascertaining the facts of the case,perfecting the chain of evidence and eliminating illegal evidence.However,if the supplementary investigation system can not be implemented effectively and correctly,it will also have some problems in its application,such as prolonged detention,unbalanced prosecution and defense,and so on.After collecting and studying,the author finds that at present,the research of Chinese scholars on supplementary investigation system is limited to examining and prosecuting Stage and court stage,the former research is numerous,the author will not repeat,so in this paper will focus on the trial phase of the supplementary investigation system.This article is divided into four structures:The first part is the basic introduction of our supplementary investigation system.It is divided into three parts: first,it mainly introduces the basic meaning of supplementary investigation system,including the characteristics and classification of supplementary investigation;second,it analyzes the necessity of the existence of supplementary investigation;third,it focuses on the research overview of supplementary investigation,including what research has been done on supplementary investigation in China,which scholars' views are universal,and what is the significance of its amendment and modification to judicial practice in legislation.The second part is to explore the extraterritorial legislative model of supplementary investigation system.This paper mainly analyzes the legislative model of two legal systems,common law system and civil law system,and will select typical countries for analysis.This paper first analyzes the model of supplementary investigation in Germany and France in the civil law system,then analyzes the model of supplementary investigation in the United States and Britain in the common law system,and finally compares the advantages and disadvantages of the supplementary investigation system in the two systems.The third part analyzes the problems and causes of the supplementary investigation system in practice.For the problems that arise,the author introduces them in three stages,namely,the review arrest stage,the review prosecution stage and the court trial stage.As there are many researches on the first two stages,this paper will introduce the supplementary investigation system in the trial stage in detail,such as the lowering of the applicable standard of supplementary investigation in the trial stage,the borrowing time of the law,the lack of the court's right to initiate and the tendency of the procuratorate to deal with the crime.For the cause,the author mainly from the legislative and normative level analysis,such as legislative provisions too vague,China's "heavy punishment" The influence of the traditional criminal culture,the idea of "taking trial as the center" has not been fully implemented and the corresponding supervision mechanism is lacking.The fourth part is that the author tries to put forward suggestions to improve the supplementary investigation system,mainly from the legislative level and related supporting measures,aiming at the supplementary investigation system in the trial stage,because the supplementary investigation system in the first two stages is equivalent to the internal coordination of the public security bureau and procuratorate,and it is difficult to control from the legislative and normative level.The supplementary investigation system at the trial stage will be improved from the following aspects: at the legislative level,for example,to refine the relevant conditions for supplementary investigation,to add subjects,to strictly apply supplementary investigation at the trial stage;and at the supporting measures,for example,to establish a procuratorial guidance investigation system,to improve the supervision mechanism and to promote the "trial by trial" for the center of reform,etc.Supplementary investigation system is an indispensable part of the criminal procedure system,we can not completely deny or affirm it,we should use a prudent attitude to improve her.Of course,the "repair" work needs to take time,need to be combined with the actual judicial situation in our country,do not rush.