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Returned for supplementary investigation report research in grassroots procuratorate run status quo

Author: LiangJinXue
Tutor: MaFang
School: Southwest University of Political Science
Course: Legal
Keywords: Returned for supplementary investigation Program Legislation Performance appraisal
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 21
Quote: 0
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Abstract


This paper examines the returned to indictment stage research supplementary detection over the period 2005-2009, Prosecutor’s Office by the application of a grass-roots research, compared with the results of previous studies draw on comparative analysis sample’s Procuratorate, in practice the characteristics of the case back for supplementary investigation, in-depth study returned for supplementary investigation applicable to the prosecution stage of the highest rates of return additional investigations, as well as practice characteristics of the case back for supplementary investigation.Procuratorate of the research, mainly through the analysis of the prosecution case on the report of the project outline and returned for supplementary investigation of the matter distribution, and prosecutors and investigators with the interviews, the author’s own work practice experience and feelings, summed up the back to add investigation in the prosecution phase of the characteristics, Analysis of reasons for the formation of its features.The survey found that additional facts and evidence are returned for supplementary investigation of the main aspects. The investigating authorities made the case subject to the initiative. At the same time, some investigators as evidence concerning the subject not pay enough attention, the program is not strong, do not attach importance to protect the interests of the parties. Not only relatively weak evidence of consciousness, the initiative is low, and the lack of solid evidence of ability. The results also show that the second check and a refund check back with similar content, check back issues relative concentration of similar problems recurring, repeated back up duplicate detection rate does not change.Returned for supplementary investigation with the legislative intent and the actual situation of that particular Procuratorate, after a summary and found that its results for the following causes: returned for supplementary investigation of the law is not clear; returned for supplementary investigation by the use of time; investigators knowledge of the law reserves inadequate; written outline of the lack of refund checks check mechanism, controlled entirely by contractors; the lack of back check the quality of internal oversight mechanisms, and check back with the appropriate performance appraisal mechanism; prosecutors enough to guide the investigation. And I currently collected is similar to the conclusions of the literature indicates that the causes can be returned for supplementary investigation reflects the operation of the system in practice, the main problems.Causes of the corresponding part of the final stage of the prosecution returned for supplementary investigation system reform and improvement recommendations. First, the concept of remodeling the proceedings from the prosecutors and police relations, early intervention by the prosecution, to guide the investigation and the importance of their own supplementary investigation. Then, in the substantive provisions, not only from the perspective of legislative proposals, the reform set out to return the system clear that additional investigations, including: add a clear pursuit of restrictive regulations and strict prosecution of a clear return to add supplementary investigation of conditions; and integration of the literature shows, the author’s Procuratorate in the literature of effective practice, management returned for supplementary investigation of the decision-making and implementation both work to improve the effectiveness of the investigation by prosecutors back to strengthen the internal checks and give investigators the right to dissent and the effect will be returned for supplementary investigation into the performance appraisal system means that refunds of the prior can play its due role in the specific methods of operation; also found in the survey’s Procuratorate, the particular circumstances through the analysis for the stop to "take time" for the purpose of refunds of the prior propose effective recommendations for change. Finally, in terms of value, reaffirmed to strengthen the protection of the interests of participants in the proceedings.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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