Study On The Return Of Prosecution Cases For Supplementary Investigation By The People’s Procuratorate Of Z District

The review of prosecution cases and the return of supplementary investigation involve the efficient use of judicial resources and the protection of criminal suspects’ rights,which has always been the focus of academic discussion.With the introduction of the judicial system of "taking trial as the center","integration of prosecution" and "case-case ratio",some new problems have appeared in the process of its actual operation.This article through to Z G city area from 2015 to 2020,the people’s procuratorate examination and prosecution of the case back to the supplementary investigation of relevant data collection and analysis,by looking at the books,interviews and other ways to qualitative and quantitative data,information and typed analysis,summarizes the procuratorate returned to the supplementary investigation cases in judicial practice problems and the reasons,finally put forward the proposal.In addition to the introduction,the text includes four parts:The first chapter mainly introduces the basic situation of the research in this paper,including the reasons for choosing the research site,the research process and the research method.Firstly,it introduces the reasons for choosing the People’s Procuratorate of G City and Z District of G City as the research site.As the center of politics,economy,culture,science,education and transportation in G Province,G City is a city where many ethnic groups live together.The cases handled by procuratorial organs in G City are relatively difficult and complex,which is representative to a certain extent.Secondly,the reasons for choosing Z District People’s Procuratorate as the research site are as follows: as the primary procuratorate in G City,the number of cases handled ranks the second in the province,and Z District Procuratorate is the national advanced primary procuratorate and national model procuratorate.Therefore,the cases handled by the People’s Procuratorate in Z District of G City are universal and representative in both quantity and type.Finally,the author elaborated the investigation process and the method.In the second chapter,the author sorted out the data of the People’s Procuratorate of Z District,G City,which applied to return supplementary investigation in the past five years.In the form of graphs,the relevant information of the People’s Procuratorate of Z District,G City,is presented,including the supplementary investigation of one return,supplementary investigation of two returns,the rate of the first return and supplementary investigation,the rate of the second return and supplementary investigation,the number of the first report,the second report,the number of self-supplementary investigations,the reasons for the return and supplementary cases,and the types of the return and supplementary cases.During my internship in the People’s Procuratorate of Z District,G City,I communicated with the staff and obtained some information that could not be known from the data.The collection of these data and information provides a favorable support for the discussion of the problems existing in the operation of supplementary investigation in the review and prosecution cases returned by the People’s Procuratorate of Z District,G City.In the third chapter,the author summarizes the problems and reasons in the practice of returning supplementary investigation in the hospital based on the above data,interview content and case analysis during the internship.It is found that the hospital has the following problems in recent years: the rate of refunding and compensation is still high,the effect of refunding and compensation is not good,the phenomenon of false withdrawal of investigation,the detention period of suspects in the process of refunding and compensation is recessive extension,the cases of the same type are repeatedly returned for supplementary investigation,and the application of supplementary investigation is unreasonable.Finally,combined with the actual situation,this paper analyzes the specific causes of these problems.The fourth chapter puts forward some suggestions for improvement on the existing problems and reasons of the application of returning supplementary investigation in the People’s Procuratorate of Z District,G City.The author thinks that the People’s Procuratorate of Z District,G City should improve from the following aspects: First,it needs to reduce the rate of returning supplementary investigation by multiple means;Second,it is necessary to strengthen the legal literacy training of the investigators,the construction of the communication mechanism between the two sides of the investigation and prosecution,and the construction of the communication mechanism between the two sides of the investigation and prosecution to enhance the return and supplementary investigation effect.Third,we should optimize the internal judicial resources and other false withdrawal of investigation;Fourthly,the detention period of the suspects should be recessive extended through the timely change of compulsory measures and the addition of the hearing procedure of returning the supplementary investigation.Fifth,the establishment of class case guidance system;Sixth,it is necessary to perfect the rationality of the application of supplementary investigation by standardizing the starting conditions of returning supplementary investigation system and setting a reasonable "case-case ratio" interval value.