The Research On The Supplementary Investigation

As an important system in the criminal procedure, supplementary investigation, which is in accordance with legal procedures ,is that, on the basis of the original investigation and according to the partial facts or some situations in the case ,public security organs or the People's court, , carries out the re-investigation or litigation activities. Although The Code of Criminal Procedure provides only some principle words for supplementary investigation but it has great significance in identifying the acts of the case, accurately and timely disclosing and punishing crime, preventing and correcting mistakes in the criminal proceedings and ensuring the correct implementation of state laws . In judicial practice, supplementary investigation plays its important role , and meanwhile has shown many problems, which cause us to pay much more attention, and for which the systematic perfection are urgently needed on the basis of further study. Using five parts, this paper displays its demonstation.Chapterâ… is on the concept and the foundation of supplementary investigation. On the basis of Comparing and analyzing the academic definitions for supplementary investigation , the author defines the concept and characteristics of supplementary investigation , and from theoretical value and practical aspects proves the existing foundation of it.Chapterâ…¡is on the proceedings classification for supplementary investigation. The author classifies our country's supplementary investigation from review of arrest, review of prosecution, courts and retrial, and then considers the review of arrest has no sense for supplementary investigation, while retrial has in practice .Chapterâ…¢is on empirical research and the legislative analysis for supplementary investigation in China . First, this research makes a survey on three years' supplementary investigation of prosecutors in a certain city, a certain district and a certain county in Shandong province, sums up the basic situation of China's current supplementary investigation ; then finds out the existing problems in the operation of it and finally ,from the main body, conditions, methods, frequency and other aspects of supplementary investigation, analyses the legislative reasons for its problems.Chapterâ…£is on extra-territorial inspection, in which the author briefly gives an introduction to supplementary investigation system in common law and civil law as well as in Hong Kong, Macao, and Taiwan esp. focuses on that in Japan and Russia and through comparing different jurisdictions and summing up the law, lays the foundation of the supplementary investigation program in China.Chapterâ…¤is on the perfection for supplementary investigation, in which the author puts forward proposes and countermeasures from legislation and matching systems .