| With the advancement of the reform of the mechanism of "integration of arrest and prosecution",the importance of the procuratorial organ’s supplementary investigation power in criminal proceedings has become increasingly prominent.The mechanism of "integration of arrest and prosecution" strengthens the orderly connection of the work of arrest and prosecution,extends the public prosecution function of the procuratorial organ,helps the procuratorial organ to grasp the evidence collection of different links,and timely transmits the evidence standards and requirements of the trial to the investigation organ,so as to make the development of supplementary investigation more continuous.Procuratorial organs can timely correct the direction of evidence collection and supplement in the stage of review and arrest,guide investigation and evidence collection and supplement,effectively reduce the frequency of returning supplementary investigation in the stage of review and prosecution,and significantly shorten the case handling cycle.Procuratorial organs should give full play to the advantages of the mechanism of "integration of arrest and prosecution",exercise the power of supplementary investigation scientifically and normatively,and strive to solve the problems existing in the practice of supplementary investigation,so as to continuously improve the quality and efficiency of procuratorial organs in handling criminal cases.This paper consists of introduction,text and conclusion.The text is divided into four parts:The first part is an overview of the supplementary investigation power of procuratorial organs under the mechanism of "integration of arrest and prosecution".First of all,this paper investigates the theoretical background,policy and normative background of the mechanism of "integration of arrest and prosecution";secondly,it expounds the concept and characteristics of the supplementary investigation power of the procuratorial organ,and classifies the supplementary investigation power of the procuratorial organ according to the litigation stage.Finally,it analyzes the influence of the mechanism of "integration of arrest and prosecution" on the supplementary investigation power of procuratorial organs.The second part is about the value of the procuratorial organ’s supplementary investigation power.Firstly,based on the three revisions of the criminal procedure law,this paper analyzes the value orientation changes of the supplementary investigation power of the procuratorial organ in different periods;then,it discusses the justice,order and benefit value of the supplementary investigation power of the procuratorial organ under the mechanism of "integration of arrest and prosecution".The third part is the operation dilemma of the procuratorial organ’s supplementary investigation power under the mechanism of "integration of arrest and prosecution".On the one hand,procuratorial organs did not give full play to the advantages of the system of "integration of arrest and prosecution",such as insufficient efforts to guide the investigation in the stage of review and arrest;on the other hand,the quality of supplementary investigation is not high,abuse of return supplementary investigation and other problems still exist.The fourth part is the improvement path of the procuratorial organ’s supplementary investigation power under the mechanism of "integration of arrest and prosecution".First,it is necessary to enrich the guiding concept of supplementary investigation;second,it is necessary to comprehensively optimize the guidance of supplementary investigation and evidence collection;third,it is necessary to fully activate the self supplementary investigation;fourth,it is necessary to improve the early intervention mechanism. |
