The Review And Prosecution Stage Returns The Supplementary Investigation System Research

Supplementary investigation is a lawsuit activity to supplement and improve evidence by further identifying facts according to legal procedures on the basis of original investigation.As a crucial litigation system in the stage of public prosecution,return for supplementary investigation is not a necessary procedure in criminal proceedings.Instead,it will not be launched unless an initial investigation by an investigative agency fails to meet the criteria for prosecution or has been found to be illegal.As a major selective power endowed by law to procuratorial organs,it is an effective means for public prosecution to guide investigation and a critical carrier to construct a new type of relationship between investigation and prosecution.By improving the quality of public prosecution cases,it contributes to the greater objectivity and correctness of trial as well as the transmission of evidence standards from trial to investigation.But in practice,multiple factors,such as incomplete provisions of existing laws and regulations on the return for supplementary investigation system in the stage of review and prosecution,lagging judicial philosophy of judicial personnel,and weak operation mechanism)lead to the high rate of secondary withdrawal and compensation of the supplementary investigation system in the stage of review and prosecution,the waste of judicial resources caused by the time of mutual borrowing of investigation and inspection,and the insufficient self-supplementary investigation by the procuratorial organs.Consideringits restriction on the supplementary investigation function and violation of the new requirements of the "trial-centered" litigation system reform,this is expected to regulate the application of the procedure of return for supplementary investigation in the stage of review and prosecution,with a view to substantially protecting human rights and ensuring case quality by implementing accurate punishment for crimes.In the context of China’s constantly advancing "trial-centered" litigation system reform,supplementary investigation,instead of an isolated task,involves the readjustment of the relationship between prosecutors and police,the pretrial dominance of procuratorial organs,the play of the main role in court appearances,and the construction of relationships between investigation,arrest,prosecution and trial.The improvement of the system will significantly promote the whole litigation system to be "trial-centered".By reviewing the definition,value,law and judicial interpretation of supplementary investigation,this paper analyzes the operation of the return for supplementary investigation in the stage of review and prosecution based on empirical data.In view of the defects of the supplementary investigation system at the stage of review and prosecution in current judicial practice,such as obvious alienation of the return for investigation function,poor effect of return for investigation,and absence of return for investigation mechanism,it is suggested to change the judicial concept by strictly observing the evidence referee principle and highlighting the status of "trial-centered";to improve the effect of return for supplementary investigation in the stage of review and prosecution by refining the applicable standard,increasing the intensity of procuratorial guidance,improving the ability of self-supplementary investigation,and standardizing the preparation of supplementary investigation outline;and to strengthen the construction of the return for supplementary investigation mechanism in the stage of review and prosecution by standardizing the initiation procedure,improving the supervision mechanism,and completing the litigation assessment and sanction mechanism.Through the research in this paper,this is expected to provide reference for the improvement of the return for supplementary investigation system in the stage of review and prosecution,and to make a positive response to the requirements of the "trial-centered" litigation system reform.