The Problems And Improvement Of Self-supplementary Investigation In The Stage Of Reviewing And Prosecution

Self-supplementary investigation,which stands on the firm ground of legal principle and practical needs,has been the right of Procuratorate departments since the legislation of Criminal Procedure Law.It is,however,not in use of any kind.With the multiple reforms including the reform of a “trail as the center” prosecuting system and of the monitoring and examination system,self-supplementary investigation has again drawn the attention of procuratorial practice.Viewed from the practical perspective,Self-supplementary investigation shows the following defects: its inadequate use in criminal judiciary practice,unregulated use,failure of utilize diverse methods of investigation.The reasons are multifold: incomplete legislation,procurators’ lack of motivation to use it as their right,inability to use the right,and so on.In order to let self-supplementary investigation play its role at the stage of examination and prosecution as it should have in improving prosecution efficiency and enhancing the quality of public prosecution,three advice is provided in the paper.First,improve legislation.Specifically,the principle and scope of application of self-supplementary investigation and the process it should go through should be made clear.Second,encourage the use of self-supplementary investigation.Procurators should update their idea,change the mindset of examination of evidence and booster the willingness and confidence of initiating self-supplementary investigation.They also should foster their capacity,better the training system,and prepare the material resource,thus building the foundation of initiating self-supplementary investigation.Third,improve the supporting system of investigation guided by public prosecution.Specify early intervention,strengthen the joining investigation,and deepen the reform of “combining arrest and prosecution,to achieve the goal of solving the quality problem of investigation from the root,punishing crime and protecting human rights.