| Since the reform of the supervision system,the issue of how to connect the supervision and the judiciary has been attracting much attention.As one of the procedural carriers of the connection system,it is particularly important for the standardized operation to return to the supplementary investigation procedure.The purpose of returning to the supplementary investigation procedures is to find out the facts and complete the evidence.At the same time,the initiation of the procedure itself implies the denial of the supervisory investigation findings by the procuratorial authorities.The Supervision Law and the Criminal Procedure Law provide for the conditions for the initiation and duration of this procedures in principle,and the Implementation Regulations of the Supervision Law and the Measures for the Interface of Work between the State Supervision Commission and the Supreme People’s Procuratorate in Handling Cases of Functional Offenses(hereinafter referred to as the "Interface Measures")to return supplementary investigation stage application of compulsory measures and processing mechanism is clear.However,the above provisions are still slightly rough,especially on the unclear positioning of the return of the supplementary investigation stage,which makes the application of the relevant cohesion measures controversial.This paper focuses on the running condition of the program as a starting point,relies on the existing laws and regulations,and uses the normative analysis,empirical analysis and value analysis method to study the related issues.First,the connotation and orientation of this procedure are defined.Secondly,through the analysis of the theory of substantive justice,human rights protection theory and the power restriction theory,the theoretical basis for the procedure is clarified.Moreover,on the basis of a brief introduction of the content of the current supplementary investigation system,the paper focuses on the vague application of the procedure,the lack of protection of rights,the poor connection of compulsory measures and the procuratorial supervision vacancy.Finally,the corresponding measures are put forward to solve the above problems.It is suggested to clarify the main situations applicable to the returned supplementary investigation and defend the right of the criminal suspects in the returned supplementary investigation stage;clarify the applicable basis of the compulsory measures in the supplementary investigation stage and the responsibility mechanism for the application of coercive measures;try to put forward the guiding ideology of the construction of the mechanism of prosecutorial supervision in the supplementary investigation stage and the way of working. |
