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补充侦查是审查起诉的一个重要手段。补充侦查与原侦查的区分突出体现为补充侦查的“补充性”特征。我国审查阶段的补充侦查无论是立法设置还是具体运用都存在诸多问题。应从立法上明确规定退回补充侦查和自行补充侦查的适用情形,设置重新立案侦查的条件并与补充侦查区分开来,建立退回补充侦查争议的处理机制并完善对退回补充侦查的监督机制。
Additional investigations are an important means of reviewing prosecutions. The difference between the supplementary investigation and the original investigation highlights the “complementary ” characteristics of the supplementary investigation. There are many problems in the supplementary investigation at the stage of review in our country, whether it is the legislation or the concrete application. The legislation should clearly stipulate the application of returning supplementary investigations and self-supplementary investigations, setting the conditions for re-filing investigations and distinguishing them from supplementary investigation, establishing a handling mechanism for returning supplementary investigation disputes and improving the supervision mechanism for returning supplementary investigations.