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On Consummating the Supplemental Investigation Procedure in China

Author: ZhangRenJing
Tutor: ChenJianQing
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Supplementary investigation Original investigation Re- investigation Oversight mechanisms Returned for supplementary investigation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
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Abstract


Supplementary investigation procedure is criminal activity into the prosecution or trial stage, there facts are unclear, insufficient evidence or other issues repeatedly forced to stay there, not a necessary stage of criminal proceedings. Although China's current criminal proceedings with the characteristics of the adversarial system, the introduction of adversary proceedings mode on many factors, for supplementary investigation modifications reflected in an increase of the number of application for supplementary investigation, supplementary investigation period, but because the concept of criminal proceedings too much emphasis on the entity's discovery led to the practical application of supplementary investigation in the course of a lot of problems. Based on the analysis of the current situation on the basis of supplementary investigation, proposed supplementary investigation procedures improve our vision. Besides the introduction and conclusion, the text is divided into four parts. The first part, the basic theory of supplementary investigation. This section has three aspects. First, a clear concept and characteristics of supplementary investigation, and the supplementary investigation is compared with related concepts, to further clarify the concept of supplementary investigation connotation and denotation. Second, the author according to different classification criteria for supplementary investigation made by different classifications. Finally, in-depth analysis of the theoretical basis exists for supplementary investigation and realistic basis. The second part, an overview of extraterritorial supplementary investigation procedures and Enlightenment. This part of the author from the two legal relationship between prosecutors and police, analyzes of representative procedures for supplementary investigation in several countries, on this basis, summed up the two legal national provisions on supplementary investigation procedure similarities and differences, in the hope of a certain reference. The third part of the program of supplementary investigation defects and causes. Problems supplementary investigation procedures are returned for supplementary investigation being abused, supplementary investigation is not high quality, self supplementary investigation cases fewer; investigative organs, procuratorial organs and judicial organs to extend the deadline for handling interlibrary loan time; supplement inadequate investigation procedure The main reasons are: \The fourth part, our supplementary investigation Procedure. This part is the key. The author analyzes the problems supplementary investigation procedure, based on the proposed supplementary investigation procedures improve our basic scenario, both the development of specific rules of criminal evidence, to build an effective monitoring mechanism and other macro supplementary investigation to build, it also involves supplementary investigation procedure specific design, such as further standardize the conditions returned for supplementary investigation procedures; perfect complement their own investigation procedures; cancel Procuratorate supplementary investigation in the trial phase of the proposal such as the right number of observations.

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