Research On The Problem Of Self-supplementary Investigation In Cases Transferred From Supervision To Examination And Prosecution

The emergence of the supervisory committee has changed the structure of China’s original "one government,two courts" and restructured the national anti-corruption system.The constitutional positioning of the procuratorial organs as"legal supervision" organs has not changed,but the scope of exercise of investigative power has changed.After the reform,the investigative functions of procuratorial organs are divided into three categories:the power of self investigation,the power of supplementary investigation,and the power of mobile investigation.Focusing on cases of job-related crimes,the procuratorate shall review them in accordance with relevant laws and may supplement the investigation if necessary.At this point,the mode in which the procuratorial organs perform supplementary investigation functions on cases transferred by the supervisory committee has changed.Through literature search,data collection,and comprehensive analysis,the current research on "self supplementary investigation" in the academic community mainly analyzes the application situation in ordinary criminal cases from the perspective of the relationship between prosecutors and police,and there is little and insufficient research on cases transferred by the supervisory commission.Obviously,this authority has not received sufficient recognition from both the theoretical and practical communities.In practice,the connection between the supervisory and procuratorial procedures for duty crime cases,the exercise of the procuratorate’s investigative power and judicial application,the pattern of supplementary investigations,and the relationship between returning supplementary investigations and self supplementary investigations are all key points of attention.In order to conduct targeted research on relevant topics,this article only explains the problems that exist in the academic and practical fields of self supplementary investigation during the review and prosecution stage of cases transferred by the Supervisory Commission,and proposes corresponding solutions.To correctly understand the relationship between procuratorial organs and supervisory organs,while clarifying the nature of procuratorial organs’ supplementary investigation power,and clearly distinguishing between different applicable scenarios and prerequisites for self supplementary investigation and return of supplementary investigation in duty crime cases;From the perspective of the connection between supervision and prosecution,we should face the gap between the legislative intention of the procuratorial organs to supplement their investigative power and judicial practice,effectively solving the problems of low application rate of self supplementary investigation in current judicial practice,unclear sequence of self supplementary investigation and return supplementary investigation,and low efficiency of the procuratorial organs’ investigative teams.Based on the background of China’s procuratorial system and relevant foreign experience,this paper theoretically demonstrates that procurators can independently choose whether to conduct self supplementary investigations and how to conduct self supplementary investigations,thereby strengthening relevant evidence,correcting major illegal investigations and evidence collection,reducing the occurrence of unjust,false,and erroneous cases,and supervising the standardization and legalization of evidence collection behavior by supervisory organs.This not only improves the efficiency of duty crime investigation and supervision,but also helps to improve the national power supervision system and provide legal protection for building a socialist harmonious society.