The Problem And Reform On Supplemental Investigation

Supplemental investigation reflects the possibility of procedure if can not be deal with properly, the finality and justice of procedure will be spoiled. In view of analysis on relative provisions for supplemental investigation of new criminal procedure law, in case of partly unclear, supplemental investigation does not meet necessity; the proceeding including supplemental investigation should be suspended when the case could not satisfy the standard of charge. This thesis probes deeply into the basic definition of investigation structure and research comparatively on two basic types of investigation structure, namely inquisitorial and adversarial. At the same time, this thesis also rethinks the characteristics and shortcomings of Chinese investigation structure, thus provides a proposition to reconstruct our investigation structure.Within the relations between investigation and prosecution on regarding supplemental investigation, status of prosecution should be advanced properly to supervise and restrict investigation.