Abstract：The supplementary investigation in the trial stage is often questioned due to a series of legal consequences, such as interruption of trial activities and reversal of proceedings, and deviation from the separation of charge and trial, the equality of charge and defense, especially the basic principles of the trial centered litigation system reform. Based on article 274 of the criminal procedure law interpretation of 2021, the analysis about the supplementary investigation in the trial stage should not be simply stipulated by criminal legislation, cannot be countered by the possible adverse effects of specifications. We should have a rational and neutral attitude, use a diverse and logical method, and return to the realistic context of criminal legal norms and criminal procedure system reform to explain the issue, respond to many doubts under the supplementary investigation system in the trial stage, and use this as a basis. Under the guidance of perfecting the system ontology and optimizing the supporting mechanism, the progressive reform path of clarifying the conditions or standards of the application for supplementary investigation, limiting the scope of missing evidence of supplementary investigation according to the theory of object identity of criminal procedure, resuming the substantive review before trial, and strengthening the interpretation of the judgment based on documented evidence is proposed.
步洋洋. 论审判阶段的补充侦查——以2021年《刑诉法解释》第274条为切入[J]. 浙江工商大学学报, 2022, 36(6): 75-84.
BU Yangyang. On the Supplementary Investigation in the Trial Stage: Based on Article 274 of the Criminal Procedure Law Interpretation of 2021. Journal of Zhejing Gongshang University, 2022, 36(6): 75-84.
2022, Vol. 36 
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