Study On Supplementary Prosecution System

The supplementary prosecution system refers to the criminal procedure system in which the procuratorial organ,after the public prosecution,discovers that other crimes of the defendant are missing or missing the criminal suspects of the crime before the trial activities of the people’s court end,so the procuratorial organ decides or adds new contents of public prosecution on the basis of the original lawsuit under the recommendation of the people’s court.The supplementary prosecution system appeared late in the history of criminal proceedings in China,and first appeared in the joint reply document of the supreme people’s court and the supreme people’s procuratorate in 1981.As the lower position system of public prosecution change system,this system belongs to a small branch in China’s criminal litigation system.The system reflects the rapid development of China’s criminal litigation system to some extent.The emergence of supplementary prosecution system has saved a lot of judicial resources in practice,which conforms to the requirements of litigation economy and promotes the acquisition of physical justice.In terms of the structure of the full text,this paper is divided into four parts(except the introduction and conclusion).The first part discusses the basic theory of supplementary prosecution system.This paper analyzes the definition of its connotation,the provisions of China’s current supplementary prosecution system,and the functions of supplementary prosecution in the criminal litigation system.Among them,the present supplementary prosecution of our country’s provisions are mainly discussed.China’s existing supplementary prosecution system does not have clear provisions in the criminal procedure law,and the provisions on supplementary prosecution are scattered in the supreme people’s court,the supreme people’s procuratorate’s judicial interpretation,departmental regulations and some normative documents.The second part analyzes the practical dilemma of supplementary prosecution in China.Due to supplement prosecution system in the history of the development of our country criminal prosecution appear relatively late,but because of the system did not form a clear and system regulation,number of additional prosecution scope,do not make specific provision,supplement to prosecute time too lag,in addition there is also a supplement to prosecute rights misallocation of technique,such as inadequate protection of the right to defence on part of problem,the present judicial practice operation chaos phenomenon.As a result,in judicial practice,the procuratorial organ may bring supplementary prosecution which may damage the legitimate rights and interests of the criminal suspect and cause the system to fail to achieve the objective of substantive justice.The third part compares the legislative provisions and specific practices of the supplementary prosecution system in other countries and regions.Compared with China’s legislative provisions on this system,the supplementary prosecution system of countries and regions outside the region is relatively mature.Some countries and regions outside the region allow supplementary prosecution,and some countries and regions prohibit supplementary prosecution.Countries and regions that allow supplementary prosecution generally set strict limits on the time limit,frequency,scope and form of prosecution.In the criminal procedure system of Germany,Japan,Italy and Taiwan of China,the supplementary prosecution system is involved,and the supplementary prosecution system of each country or region outside the region is compared.The fourth part puts forward some concrete measures to solve the practical dilemma of the system.In combination with China’s actual conditions,this paper compares some inspirations brought to the development of China’s supplementary prosecution system by the legislative provisions of other countries and regions,and draws some countermeasures to promote the development of China’s supplementary prosecution system.This paper puts forward the legislative provisions to perfect the supplementary prosecution system,to clarify its scope,time and frequency of application,to strengthen the court’s right of review,to protect the defendant’s right of defense,to establish a reward and punishment mechanism and other measures,so as to provide reference for solving the dilemma of the current supplementary prosecution practice.