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Discussion of supplementary investigation in criminal proceedings

Author: HouChangXian
Tutor: ChenYongSheng
School: Beijing University
Course: Code of Criminal Procedure
Keywords: Supplementary investigation Abuse of power Litigation value
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 319
Quote: 6
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Abstract


Supplement of Criminal Investigation System necessity of its existence, the facts are unclear, insufficient evidence cases returned for supplementary investigation in a timely manner, for the accurate and timely identification of crime, punish the criminals, innocent people from criminal prosecution has a positive meaning. In judicial practice, the operation of the supplementary investigation measures, there are a lot of problems, and these problems seriously affect the efficiency of the investigation and prosecution, hinder the smooth progress of the litigation activities, violations of the legitimate rights of the parties. In practice applicable to the case of supplementary investigation summary based on in-depth analysis of practice supplementary investigation, and to explore the causes of the problem, trying to find a way to solve the problem for Fangjiashan material. This paper is divided into five parts: the first part: on the basis of a brief analysis of the value of the law, put forward the concept of supplementary investigation and determine This paper discusses the scope of the supplementary investigation, the review of the prosecution phase of the supplementary investigation and court trial stage supplement investigation. Part II: the main case for supplementary investigation, the carding practice. In addition to the statutory facts are unclear, insufficient evidence, and found Louzui, leakage guilty need supplementary investigation, the practice exist judiciary supplementary investigation measures in order to achieve other purposes. Part III: analysis of the problems in the supplementary investigation. Most complement check the rate is too high; complement check quality, retire without investigation of the phenomenon is more serious; insufficient evidence after complement check cases eventually convicted; authorities handling the abuse returned for supplementary investigation right lead extended detention, to circumvent the no a conviction, resulting in many cases unable to end violations of the legitimate rights of the parties, damage to the value of the litigation. Part IV: explore supplementary investigation the causes of problems. The concept of traditional Chinese culture to the pursuit of substantive justice and national pursuit of an objective and true philosophy, forcing authorities handling utilized various means identify \needs cases refund check and not achieve the desired effect; lack of uniform rules of evidence, the procuratorial organs unreasonable evaluation mechanism of pressure to force the prosecution demanding the evidence; court is not neutral status, ignore, condone, encourage or promote the above phenomenon occurred; China's lack of plea bargaining mechanism so that the evidence thin case can not be properly handled; to prosecution and his defense rights enough to counter the strong position of the authorities handling the case, it is difficult to control and supervision of the prosecution unilaterally frequent abuse of the refund check measures. Part V: do the wrap-up on the basis of the causes of the supplementary investigation, proposed the idea to solve the problem.

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