Research On The Revision And Perfection Of The Supplementary Investigation System At The Trial Stage Guided By The Principle Of Trial As The Center

The reform of the litigation system of "taking the trial as the center" has exerted great influence on the whole criminal litigation system.Under such a background,the supplementary investigation system at the trial stage is also facing new opportunities for amendment and improvement.In criminal proceedings in my country,as a remedy for the original investigation,supplementary investigations exist in multiple stages of litigation.In the review and approval of arrest stage and the review and prosecution stage,supplementary investigations are carried out more frequently,so their operating specifications are more frequent.perfect.On the other hand,supplementary investigations at the trial stage are less used in judicial practice.The relevant legal provisions are more principled and lack specific and operable legal norms,which has caused practical problems such as abuse,misuse,and invalid application.In addition,the supplementary investigation at the trial stage also faces academic disputes.The conflict with the criminal procedure principles such as equality of prosecution and defense and separation of prosecution and trial has made it criticized.However,its actual role in China’s criminal justice is also true.existing.This article intends to use theoretical analysis and empirical research to explore which attitude should be adopted to face these problems and conflicts,and how to solve the development of supplementary investigation in the criminal trial stage in our country.In addition to the introduction,the main body of this article is divided into four chapters with approximately 40,000 words.The first chapter is an overview of the general principles of the supplementary investigation system at the trial stage under the jurisdiction of the trial center.The trialcentered principle has gone through several years of initiatives and has finally become the focus of a new round of judicial reform.This is due to its important functions of realizing judicial fairness and regulating investigations,prosecutions,and court trials.The supplementary investigation at the trial stage is a type divided according to the implementation stage of the supplementary investigation.It has the common feature of supplementary investigation,that is,it complements the previous investigation activities and supplements the collection of evidence.In addition,through a comparative analysis of the supplementary investigation system at the trial stage and the supplementary investigation at the review arrest and review prosecution stage,it has different characteristics from the other two in terms of the subject of initiation,the cause,the implementation of the investigation,and the handling of the end of the investigation.Supplementary investigation at the trial stage has a long history in our country,mainly because it has the function of realizing substantive justice,supervising investigation behavior,and supplementing the deficiencies of other litigation systems.The principle of trial-centeredness is closely related to the supplementary investigation at the trial stage.The two have inherent functional reciprocity in theory,and conflict of functional alienation in practice.The second chapter mainly introduces the rationality and feasibility of the supplementary investigation system in the trial stage.Regarding the supplementary investigation system at the trial stage,there is a great controversy in the theoretical circle about the value of the system.From the actual situation of the operation of the system,the supplementary investigation in the trial phase and the basic theory of criminal procedure have conflicts to a certain extent.At the same time,the view that supplementary investigation at the trial stage is a procedural backwardness is also widespread.In the face of these common disputes,we should conduct an objective analysis,starting with the legal provisions and legislative intent,and analyzing the conflicts between them and the basic principles of criminal procedure.In the face of these conflicts,a rational analysis should be maintained.The choice of various systems of criminal litigation is,in the final analysis,a trade-off of the value of criminal litigation.It is true that the inherent value of procedural justice embodied in various litigation principles has gradually become a consensus in the development of criminal litigation,but criminal litigation also includes the external value and benefit value of promoting the justice of the judgment result.Whether various systems should be established or not It is based on a country’s reasonable balance of these values,rather than the uniqueness of its intrinsic value.In addition,the truth-seeking philosophy of criminal litigation legislation,the social evaluation system of judicial justice,and the reasonable arrangement of the public,procuratorate,and legal functions all show that the supplementary investigation at the trial stage has its rationality and perfect feasibility.The third chapter investigates the application of the supplementary investigation system in the trial stage and finds out the existing problems.Through relevant data retrieval and empirical research,it is found that the supplementary investigation at the trial stage has practical problems in judicial practice,such as low quality of supplementary investigation,low rate of self-recovery by procuratorial organs,abuse of procedures,and insufficient supervision.The existence of these problems is conceptually due to the pursuit of substantive truth,in the system it is due to the lack and inadequacy of legal norms,and in reality it is due to the improper evaluation standards and the high pressure of handling cases.For these reasons,the judicial organs have followed the "hidden rules" in the actual operation of their alienation.These irregular operations have obvious drawbacks and urgently need to be resolved.The fourth chapter is about the revision and perfection of the supplementary investigation system in the trial stage guided by the concept of the trial center.The purpose of finding the problem is to solve the problem.After the aforementioned analysis and demonstration,there are many theoretical and practical problems in the supplementary investigation work at the trial stage in our country.Therefore,the last part of this article focuses on the improvement of the supplementary investigation system at the trial stage in our country.Specifically,it should be Starting from three aspects: the change of concept,the improvement of legal regulations and the norms of actual operation,to realize the practical solution of specific problems,promote the function and value of supplementary investigation at the trial stage,and avoid damage to the rights of the defendant as much as possible And the waste of judicial resources.