A Study on the Difficulties of Prosecutorial Organs Exercising the Voluntary Supplementary Investigative Power and Solutions:Also on the Reform of Prosecutorial Investigative Power
A Study on the Difficulties of Prosecutorial Organs Exercising the Voluntary Supplementary Investigative Power and Solutions:Also on the Reform of Prosecutorial Investigative Power
The power of voluntary supplementary investigation is an important part of the prosecutorial investigation power in China,which has unique institutional value and functional significance considering that the prosecutorial organs serve as the legal supervision authority of the state.But the lack of legislation and practical constraints have led to the failure of voluntary supplementary investigative power in realizing its value in practice.The activation of this dormant prosecutorial investigation power is not only a reflection on the fundamentals of prosecutorial supervision,and is also necessary for the modernization of prosecutorial work.From the perspective of strengthening the supervisory nature of prosecutorial investigation power,this paper examines the difficulties of the implementation of voluntary supplementary investigative powers and causes,and proposes that efforts should be made to explore the reform and improvement paths for voluntary supplementary investigative powers from three aspects:standardized design,investigation capacity building,and a two-way model of collaboration and restriction.
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