Research On Supplementary Investigation Of Cases Transferred By Supervisory Organs

Since the reform of China’s supervision system,the theoretical and practical circles have been exploring the connection and matching between the supervision law and the criminal procedure law,and the mutual cooperation and restriction between the supervision organ and the procuratorial organ.However,some specific procedures have not yet formed a unified understanding and clear operational norms.In particular,there are different understandings about the return supplementary investigation and self supplementary investigation in practice,which makes the system not only difficult to play a real role,but also easy to have adverse effects on the supervision system and the criminal procedure system.From the perspective of the convergence of the two laws,this paper defines the nature of the return supplementary investigation and the self supplementary investigation,and points out the current situation of the two kinds of supplementary investigations,which are difficult to distinguish the stages of the supplementary investigation,the unclear procedures of the return supplementary investigation,the insufficient Research of the supplementary investigation and the little use of the self supplementary investigation.Through the analysis,the author finds that these difficulties are mainly caused by imperfect legislation,lack of supervision and restriction,too little application,two measures are the result of procedural choice and lack of procedural sanctions,and further aggravates the doubts of the theoretical and practical circles on the two systems.As two kinds of supplementary investigations play an important role in finding out the facts of cases,improving relevant evidence and safeguarding human rights,and to a large extent,they are also necessary to exist.Therefore,in order to ensure their effectiveness,it is necessary to further clarify the principles,distinguish the primary and secondary,give full play to the restrictive functions of procuratorial organs,and follow the guiding ideology of both safeguarding human rights and fair efficiency Yes.In practice,the first is to use legal documents to clarify the application situation;the second is to standardize the corresponding start-up procedures and post event procedures;the third is to strengthen the protection of the rights of litigation participants by exploring the lawyer’s intervention and the application of compulsory measures;the fourth is to strengthen the construction of supporting mechanisms such as cooperation mechanism,early intervention mechanism,strengthening supplementary investigation outline reasoning and personnel overall planning,so as to explore The concrete path of connecting supplementary investigation with self supplementary investigation and supervision lays a solid foundation for further deepening the reform of supervision system and ensuring the quality of criminal proceedings.