Study On The Improvement Of Supplementary Investigation At Review And Prosecution Stage

The supplementary investigation system is a litigation system for further supplementary investigations based on the original investigation activities on the facts that need to be investigated to meet the standards of proof.It is crucial in ensuring that the facts of the case are clearly ascertained,the evidence is supplemented and consolidated in a timely manner,and judicial justice is ensured.However,in practice,this system has not effectively performed its original function.In March 2020,in order to further improve the quality and efficiency of case handling and strengthen supplementary investigation work.This article will combine the two guiding cases and the "Guiding Opinions" to analyze the problems in the supplementary investigation system during the review and prosecution phase,and discuss its improvement measures.This article focuses on the application of the two forms of supplementary investigation,how the procuratorial agency guides the supplementary investigation activities in the return of the supplementary investigation,how to improve the quality and efficiency of supplementary investigations,and optimize the "case-to-case ratio".Expand the discussion on the aspect.Due to imperfect system specifications,the scope and order of application of the supplementary investigation model during the review and prosecution phase are general.In the process of returning to the supplementary investigation,there are problems such as improper grasp of the guiding standards,inconsistent guiding rules,insufficient guiding and binding force,and insufficient guidance of category cases.Supplementary investigation activities are due to the public security organs and procuratorial organs using the supplementary investigation system to "borrow time",the communication between the public security organs and the procuratorial organs is not smooth,and the excessive reliance on returning to the supplementary investigation model is of low quality and poor effect.In this regard,this article takes the "Zhang Chun zero confession" case and the Zhang illegal business case as examples,and proposes the following solutions: clarify the application sequence and application of the two supplementary investigation modes Scope of application;strengthen the guidance of supplementary investigation activities by unifying the evidence standards of the procuratorial and police during the supplementary investigation stage and increasing the binding force of investigation guidance;initiate approval by establishing supplementary investigations System,improve the initiative of self-supplementary investigations,strengthen the supervision of supplementary investigation activities,reduce secondary retreat activities,improve the quality and efficiency of supplementary investigations in the review and prosecution stage,and optimize the "case-to-case ratio",so as to achieve the purpose of accurately punishing crimes and ensuring the quality of cases,To improve the quality of criminal proceedings in our country.