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关于退查制度的具体内容,我国刑事诉讼法第47条,第99条,第108条,第123条以及全国人大常委会《关于刑事案件办案期限的补充规定》第7条等作了规定。但司法实践表明,这些立法规定尚有不少的缺陷,致使具体执行中意见分歧较大,并且较难切实贯彻。分析现行退查制度的主要缺陷有: 1.缺乏具体的退查条件的规定。在何种情况下可以退查,退查的具体条件是什么,除了刑事诉讼法第108条把人民法院在审判阶段的退查条件规定为“主要事实不清、证据不足”,其它均无明确规定,特别是对在实践中运用较多的检察院审查起诉阶段的退查,刑诉法只笼统地规定为:“对于需要补充侦查的,可以自行侦查,也可以退回公安机关
As for the details of the system of investigation, Article 47, Article 99, Article 108 and Article 123 of China’s Criminal Procedure Law and Article 7 of the Supplementary Provisions of the Standing Committee of the National People’s Congress on Handling Cases of Criminal Cases set forth the provisions. However, judicial practice shows that there are still many deficiencies in these legislative provisions, resulting in large differences of opinion in specific implementation and difficult implementation. The main shortcomings in analyzing the current system of inspection are as follows: 1. The lack of specific requirements for the withdrawal of inspection conditions. Under what circumstances can be withdrawn and what are the specific conditions for the withdrawal? Except for the fact that Article 108 of the Criminal Procedure Law stipulates that the people’s court may withdraw from the court at the trial stage as “the main fact is not clear and there is insufficient evidence”, the other is not clear Provisions, especially in practice more prosecutors review the prosecution phase of the review, the Criminal Procedure Law generally only provides for: "For the need for additional investigation, you can investigate on their own, you can also return the public security organs