Research On Supplementary Investigation In Criminal Proceedings

In this paper,the research of supplementary investigation system mainly starting from the two links of criminal proceedings,two different link research emphasis.Examination and prosecution stage of supplementary investigation question research mainly focuses on the problems existing in the judicial practice,the trial stage of supplementary investigation question research mainly focuses on the problems existing in the system level.In this paper,the supplementary investigation problems in criminal action research mainly divided into the following four parts.The first part: to investigate the supplementary investigation system and effect,and then respectively for examination and prosecution stage,stage of trial start standard to make analysis of supplementary investigation,for after the problems existing in the two phases and the reason analysis to do next.The second part: this part from supplementary investigation in the examination and prosecution stage,make detailed discussion on the problems existing in the trial stage.Examination and prosecution stage of supplementary investigation mainly exist the following problems: the return of the supplementary investigation case quality is generally not high,"and not" budgeting problems,back mapping documents is not standard,prosecutors abuse phenomenon and budgeting back prosecutors seldom used supplementary investigation on its own.The supplementary investigation of court-trial stage the main problems in the judicial operation and system level.In the judicial practice trial phase back high detection rate affected the effective play a trial and reduced acquittal cases.From the system level analysis,the supplementary investigation in the trial run in violation of the principle of equality of defendant,the court jurisdiction is hit.Part iii: this part is mainly on the criminal litigation supplementary investigation analysis of the causes of problems.Examination and prosecution stage of supplementary investigation the main reason for the problem is the imperfect of legislation and judicial organs internal mechanism exists defect.Imperfect legislation in the criminal procedure law has not clearly defined procuratorial organs back with the scope of cases and tonic for examination and prosecution stage of supplementary investigation start standard "such as" the word make a clear explanation,to practice the investigators delayed in forensics,prosecutors abuse supplementary investigation,the corresponding control measures.Judicial organs internal mechanism of the defects in primary v.relationship is not clear,the lack of external case feedback mechanism and internal regulation restriction mechanism,the judicial personnel vocational level is uneven,individual investigators and prosecutors lack of professional quality,etc.Reasons for problems occurred in trial stage of supplementary investigation mainly is divided into two aspects,on the one hand,lies in the criminal lawsuit of our country is under the influence of traditional lawsuit culture,entity,procedure.On the other hand is the trial power relations not harmonious.Supplemental indictment of trial and court enforcement power out of court,to verify evidence conflict of rights such as right distribution.The fourth part: this part is improving Suggestions to the problem of supplementary investigation in criminal action.The perfection of examination and prosecution stage of supplementary investigation problem should from the legislation and mechanisms respectively.Law to deal with prosecutors returned to the supplementary investigation and to make an explicit definition of supplementary investigation case scope,and the criteria for examination and prosecution link supplementary investigation "and" words in judicial explanation.In addition,should adopt relevant measures,and to practice investigators delayed in forensics,prosecutors abuse investigation make disciplinary treatment.At the mechanism level,the author puts forward the procuratorate sets-up investigation integration and public prosecution guiding investigation mechanism,external feedback mechanism and internal supervision mechanism and establish the case,the judicial personnel on a regular basis to carry out the training and pay attention to the diversity of knowledge structure.Supplementary investigation trial phase of the perfect Suggestions,the author thinks that priority should be to carry out the security court the application of the supplementary investigation system before the meeting,secondly to expand the added indictment in the trial.