Research On The Supplementary Investigation System In The Examination Prosecution Stage

In the context of the reform of the trial-oriented criminal procedure system,investigating agencies must strengthen their ability to collect and fix evidence,and procuratorial agencies must give full play to the role of reviewing and filtering evidence in order to implement the principle of evidence adjudication and realize the substantive trial.The Opinions on Promoting the Reform of the Trial-Centric Criminal Procedural System clarified the directions for the improvement of supplementary investigations.The conditions and standards for supplementary investigations need to be further clarified.The guiding opinions on strengthening and standardizing the supplementary investigation put forward clear requirements for further improving the criminal accusation system with evidence as the core,strengthening and standardizing the supplementary investigation,improving the quality and efficiency of case handling,and ensuring fair justice,six principles should be followed in carrying out supplementary investigation: necessity principle,feasibility principle,reasoning principle,cooperation principle and effectiveness principle.The supplementary investigations and the entire process need to be more standardized.At the stage of review and prosecution,the procuratorial organs supplemented the evidence through supplementary investigations,and at the same time played a role of legal supervision.To a certain extent,it can be regarded as a way of coordination and communication between the procuratorial organs and investigating organs.Coupled with the imperfection of the system,its operation is gradually alienating in judicial practice,which may delay the handling of the case.In this regard,it is necessary to explore thenecessity and perfect path of the system from various aspects in order to achieve the purpose of initially strengthening the links between prosecution and investigation,improving the quality of cases,and making adequate preparations for trial.This article starts from its theoretical foundation,and based on judicial practice,conducts a research on the status quo and cause analysis of the supplementary investigation system at the stage of review and prosecution,and proposes the improvement of the system to adapt to the current practice,so as to make its operation more standardized and effective.This article is divided into four chapters for theoretical analysis,current situation research,cause analysis,and system improvement.The text is as follows:The first chapter is the theoretical research of the supplementary investigation at the stage of review and prosecution.It is planned to start with its overview,briefly introduce the two methods of supplementary investigation at this stage,distinguish between supplementary investigation and investigation by the supervisory authority,and clarify that the supplementary investigation at this stage is the exercise of the prosecution authority of the prosecutor's office.It is the embodiment of legal supervision,which extends from its attributes to its value analysis.It discusses the role of supplementary evidence for supplementary investigation from the perspective of evidence arbitration,ascertains the facts of the case,and describes the necessity of supplementary investigation at this stage from the perspective of legal supervision.From the perspective of procedural legitimacy,it discusses the negative effects of investigative centralism brought about by the backward attributes of the investigative procedures and irregular use.The second chapter is the present situation research.The author collects data on supplementary investigations,summarizes them,and understands the case investigators' views on supplementary investigations through interviews and other methods to reflect the supplementary investigations during the review and prosecution stage in recent years Operational situation and problems in current judicial practice.For example,the supplementary investigation at this stage has become a tool for delaying time,the proportion of returning supplementary investigations is too high,the effectiveness of supplementary investigations is not good,and the detention period of suspects has been extended.The third chapter will expound the reasons of the problems reflected in the current situation in the second chapter,and analyze the impact from the actualenvironment,the legislative level,and the reasons in practice.First,the legislative level of supplementary investigation is ambiguous,the scope and duration of self-inspection need to be clarified,and the defense lacks rights in supplementary investigation.Second,there are differences in the recognition of “unclear criminal facts and insufficient evidence” in supplementary investigation conditions in practice.Both the organs and the procuratorial organs have deficiencies in the process of supplementary investigations.The supplementary investigation procedures are incomplete,and the investigation guidance investigation mechanism is incomplete.Finally,under the influence of the actual environment,the pressure of handling more cases and less people,and the emphasis on substantive procedures are more important.Habits and the like have caused operational problems in supplementary investigations.The fourth chapter is to improve the supplementary investigation system at the stage of examination and prosecution.It guarantees the effectiveness of supplementary investigations by improving the methods of supplementary investigations,grasping the conditions of supplementary investigations,standardizing the procedures of supplementary investigations,and adjusting the relationship between lawsuits and investigations.First,regarding supplementary investigation conditions,the author intends to grasp the conditions of “unclear criminal facts and insufficient evidence” through a unified standard of evidence;secondly,in the supplementary investigation methods,the author makes a reasonable distinction between the two methods and clarifies the scope and duration of self-inspection.In order to activate the use of self-inspection methods and increase the operability of self-inspection by strengthening the investigative power of the procuratorial organs;again,standardize supplementary investigation procedures,including the specification of the supplementary investigation process and the establishment of a two-way feedback mechanism to strengthen The communication and exchange between the prosecution and the investigating parties in the handling of supplementary investigations.Finally,the optimization of the relationship between the prosecution and the investigation is the fundamental solution to the irregular operation of the supplementary investigation at this stage.The supplementary investigation could have been the compensation for ensuring the quality of the investigation in the case of the separation of the investigation and the investigation.Means,but because of the irregular operation,it has become one of the reflections of the uncoordinated litigation and investigation relationship.Therefore,it is necessary to adjust the litigation andinvestigation relationship and build a reasonable prosecution-led investigation mechanism to improve the quality of the first investigation and supplementary investigation and reduce The necessary return for supplementary investigation can also improve the efficiency of case handling.