The Second Trial Cannot Supplement The Investigation Of Investigation Problems

The supplementary investigation procedure is an important criminal prosecution activity in China’s criminal proceedings.It is mainly applicable to three stages according to law: review and approve arrest stage,review and prosecution stage,and trial stage.The original intention of the establishment of the supplementary investigation system is to better clarify the facts of the case and restore the truth,so as to achieve the purpose of criminal prosecution for punishing crimes.Therefore,the supplementary investigation procedure works well,which will undoubtedly be of great benefit to the goal of punishing crimes in China.But it is undeniable that the design of the supplementary investigation procedure is still not perfect,and the application of this procedure in judicial practice has deviated from the correct track.In particular,the wrong application and misuse of supplementary investigation procedures at the second instance stage not only do not benefit the trial of criminal cases,but also seriously violate the lawful rights and interests of the appellant.The reason why the supplementary investigation procedure is applied in the second instance of our country is that the judicial organ misinterprets the legal provisions and incorrectly applies the supplementary investigation procedure in the second instance.The important reason for the misapplication of supplementary investigations in the second instance by various judicial organs is to ease the pressure on handling cases brought by the statutory trial period.This also resulted in a series of disadvantages: destroying the equal status of the prosecution and the defense,and causing the appellant to be detained for too long.The "Zhang Moumou Bribery Case" is a typical case in which the supplementary investigation procedure was incorrectly applied during the second instance.In addition to the introduction and the conclusion,this text includes four parts,with a total of more than 17,000 words.The first part of the text introduces the basic facts of the "Zhang Moumou Bribery Case",and draws the focus of the discussion around the basic case.The second part of the main text mainly focuses on the focus issues that need to be discussed in this case.It analyzes the legal issues related to the focus issues and the legality of the relevant procedures and the theory behind them,laying the foundation for the following research conclusions and research implications.This part mainly analyzes the legality of the application of supplementary investigation in the second instance of "Zhang Moumou bribery case",and whether the evidence of supplementary investigation in the second instance can become the basis for finalizing the case.These two parts are analyzed.In the third part of the text,through the analysis of relevant procedures,the research conclusions of this case are drawn.The fourth part of the text is a summary of the sublimation of this article.Through the analysis and combing of the "Zhang Moumou bribery case" and the implicit legal principles behind it,it points out the practical reasons for the application of supplementary investigations in the second instance,and makes supplementary investigations to resolve errors Make reasonable suggestions.