论审查起诉中的补充侦查

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。

On the Supplementary Investigation in the Process of Examination and Prosecution

Supplementary investigation is an important means in the process of examination and prosecution. The main difference between supplementary investigation and original investigation is the characteristic ＂ supplement＂ of the former. There are certain problems both in legislation and in practice for supplementary investigation in the process of examination and prosecution. A series of measures should be taken in legislations, such as regulating different circumstances applicable for supplementary investigation and self-conduct investigation; providing the terms of reinvestigation and differentiating it from supplementary investigation; establishing the settlement mechanism of dispute about remanding case for supplementary investigation; improving the supervision mechanism of remanding case for supplementary investigation, etc.