监察体制改革背景下补充侦查问题研究

A Study on Supplementary Investigations in the Context of Supervision System Reform

伴随着我国监察法的出台和刑事诉讼法的修改,补充侦查的内涵和外延亟待重新予以厘定。补充侦查在我国现今语境下有广义和狭义之分,退回监察委补充调查可以纳入广义范畴。为解决滥用退回补充侦查沦为“借时间”的工具、退回补充侦查质量堪忧、自行补充侦查很少适用等补充侦查异化适用问题,应当坚持科学理念,并采取有效措施。立法上要区分退回补充侦查和自行补充侦查的适用范围,制度上要统一证明标准、执行证据裁判规则,机制上要严把案件受理关、规范运用补充侦查提纲、介入和引导补充侦查,特别是打造监检衔接视域下职务犯罪案件补查系统化工程。

With the promulgation of the Supervision Law and the revision of the Criminal Procedure Law, the intension and extension of supplementary detection need to be redefined. In today..s context, there are broad and narrow meanings of supplementary detection. Returning the case to the supervisory committee for supplementary investigation can be regarded as supplementary detection in the broad sense. However, in implementing such a policy, we are facing such problems as the misuse of returning to supplementary detection as an excuse for “borrowing time” and the worrying inadequacies in both quality and quantity of the supplementary detections. The scope of application of returned supplementary investigation and self-supplementary investigation should be distinguished by law. The standard of proof ought to be unified, and the rules of trial evidence should be enforced systematically. We also need to keep the acceptance of cases under strict legal control, standardize the use of supplementary detection outline, intervene in and guide the supplementary detection, and in particular build an effective system for the supplementary detection of duty crime cases from the perspective of the linkage between supervision and prosecution.