Research Of Supplementary Investigation At Review And Prosecution Stage

Although the supplementary investigation at review and prosecution stage is animportant system in criminal procedure, and its existence is pretty necessary in ourcountry.But this system itself still has defects, the judicial Practices also appeared manyproblems, such as the supplementary investigation rate and second-time supplementaryinvestigation rate are rather high, delay time caused by the supplementary investigationcases of extended detention, supplementary investigation quality is not high, thesupplementary investigation into export channels law case. These problems have both thelegislative idea emphasizing on substantive justice, protecting the rights of the parties andlack of awareness of deep-seated reasons, but also with the supplemental investigation ofexecutive power, determine the control mechanism of the operation of the power is not inplace of a great relationship.The scientific regulation and judicial power operation mechanism, is of greatsignificance to the positive role of the supplemental investigation system. In thebackground of the existing relationship between the procurator and police and the nummerof cases is more and more, to perfect the review prosecution procedure supplementalinvestigation has three suggestions: at the macro level, it is necessary to strengthen bothsubstantive justice and procedure justice concept, pay attention to the protection of therights of parties, while the introduction of external supervision. In the supervision ofinvestigation organs of the constraints, to reform the investigation organ evaluationmechanism, strengthen internal supervision; to guide the role of procuratorial organs inadvance investigation; to cancel the non prosecution index assessment practices, ensure theexercise of non prosecution. In the control of the supervision of the procuratorial organs, to set up the special case management institutions, the supplemental investigation decided tofocus on management of power operation; to improve the quality of case flow managementmechanism for examination and prosecution, returned to the supplementary investigationpower operation of synchronous management; to improve the case for early warningmechanism, solve the supplemental investigation legal "borrow" time problems; toimprove the checking case quality evaluation and reward and punishment mechanism,solve the problem of checking "harmless".