Research On Supplementary Investigation In The Trial Stag

The supplementary investigation of trial stage is a special procedural arrangement in the criminal procedure system of our country,which is rooted in the investigation supervision function and the trial supervision function of the procuratorial power,and aims to further discover the truth of the case,supplement the evidence system and improve the quality of the case handling.Under the background of the reform of the criminal procedure power,the reform of the procuratorial system and the center of the trial in our country,it has important academic value and practical significance to carry out the research on the supplementary investigation system in the trial stage.This paper first summarizes and analyzes the system design defects of supplementary investigation in the trial stage of our country,and analyzes the phenomenon of functional alienation in its operation practice from the point of view of empirical research,and then relies on the theory of "relative rationalism" to start from the current structure of criminal procedure in our country,and combines the experience of extraterritorial related system construction,and puts forward the possible way to perfect the supplementary investigation system of our country’s trial stage.In addition to the introduction and conclusion,the main content of this paper is as follows:Chapter One: An overview of the supplementary investigation of the trial stage.This chapter first explains the procedural structure of the supplementary investigation of the trial stage from the aspects of initiating the subject,starting the subject,the time limit and the number of the statutory investigation,and then compares and distinguishes the supplementary investigation of the trial stage,and summarizes the unique characteristics of the supplementary investigation of the trial stage on this basis,and finally summarizes and summarizes the system function of the supplementary investigation in the trial stage from the two levels of substantive remedy,procedural supervision and correction.Chapter Two: The system design and operational practice of supplementary investigation in the trial stage.On the one hand,this chapter focuses on the three main points,which are not reasonable,the main body status is not balanced,the supervision mechanism is not perfect,analyzes the system design defects of supplementary investigation in the trial stage,on the other hand,combines the empirical material and concrete cases,and reveals the shortcomings of the public security organ which is exposed in the operation practice of the supplementary investigation,the negative transfer of the prosecution organ,the supplementary investigation is more arbitrary,and the court uses it as the "reasonable explanation" of the trial period.Chapter Three: The investigation and enlightenment of supplementary investigation-related system in the extraterritorial trial stage.This chapter analyzes the relevant system design of the three typical litigation modes represented by the United States and Britain,the interrogation style represented by France and Germany,and the mixed litigation mode represented by Japan and Russia,including the investigation mode of investigation,such as the separation of investigation and prosecution,the investigation of the prosecution guidance investigation,as well as the negative neutrality of the judgment,judicial review,judicial centerism,the judicial equality of the judicial system,and summarizes the significance of the extraterritorial experience for the improvement of the judicial system in our country.Chapter Four: Perfecting the possible way to supplement the investigation in the trial stage of our country.The chapter points out that,based on the current unique structure of criminal procedure in our country,combined with the judicial reality of our country,based on the theory of "relative rationalism",it is a more pragmatic strategy to adopt a gradual reform to gradually improve the supplementary investigation system of the trial stage.At present,we can improve the judicial phase of china’s trial stage supplementary investigation system,improve the investigation consciousness and ability of procuratorial investigators to perform their duties,safeguard the legitimate rights and interests of the participants in litigation,construct a good communication and cooperation mechanism between the three investigation,prosecution and trial,improve the supervision mechanism.