On The Construction Of The Charge Facts

Criminal charge refers to the activity of the accuser requesting the court to convict and sentence the accused for the purpose of investigating the criminal responsibility of the suspect or the accused.To carry out criminal charge activities,it is necessary to construct the charge facts.The charge facts are the object of the Court’s trial,the object of the defence’s defence and the basis on which the conclusions of the charges are presented.Without the charge facts,there can be no prosecution,no trial and no defence.However,from the current study,most researchers have neglected to charge facts construction activities.Researchers in the field of criminal factual research tend to focus more on factual issues during the trial stage and less on factual issues during the pretrial stage.On the other hand,researchers in the field of criminal charge research tend to focus more on issues related to charge procedures and evidence,and less on issues related to charge facts.Even in judicial practice,investigators pay more attention to issues of evidence and judicial behavior.In recent years,researchers have tended to study cases of confession,while research on cases of non confession has gradually decreased.Based on the importance of the charge facts,this paper puts forward the viewpoint of the charge facts construction theory,and carries out a systematic study on the charge facts construction activities.Specifically,there are five chapters in this paper,the main content includes the following aspects:The first chapter is to present the construction of the charge facts.In practice,there is a problem of poor quality of charge facts in our criminal charging activities,which are difficult to focus on factual issues due to the excessive tasks undertaken by the prosecution.The Supreme People’s Procuratorate has proposed the construction of an "evidence-centred" criminal charging system,but this does not address the issue of facts,and makes it difficult to fundamentally resolve the practical difficulties of criminal charging.Based on this,this paper proposes the Construction of the Charge Facts,emphasising that the construction of charge facts should be the core task of the prosecution.The construction of charge facts should be evidence-based.The content of the alleged facts includes both the facts of the case and the legal evaluation,and the types of facts include the facts of the conviction,the facts of the sentencing recommendation and the facts of the recovery of property.Charge facts and judgement facts are quite different in terms of the purpose of their construction,the stage of their construction,the criteria for their construction and their legal effect.The second chapter is the rationale for the construction of charge facts.On the one hand,the construction of the charge facts is rooted in the principle of separation of prosecution and trial."Not trial without complaint" and "trial object and trial object identical" are two specific requirements of the principle of separation of prosecution and trial.The former stresses that the charge facts have the function of opening the trial process;the latter stresses that the charge facts are binding on the scope of the court’s trial.On the other hand,the construction of charge facts is also rooted in the inherent requirements of the burden of proof.The construction of the charge facts needs to follow the theory of allocation of the burden of proof,and the goal of the construction of the charge facts also points to the discharging of the burden of proof.The construction of charge facts in the logical system includes three aspects: firstly,the construction of charge facts needs to be based on substantive norms;secondly,the construction of charge facts needs to be carried out in a dynamic process;and thirdly,the construction of charge facts needs to be guaranteed by legal procedures.The three chapter is the substantive dimension of the construction of charge facts.Procuratorial organs should construct charge facts on the basis of substantive norms,specifically on the basis of the criminal constitution among the substantive norms,which is derived from the basic requirements of the principle of legality.Currently,there are a number of difficulties in constructing charge facts based on the criminal constitution: firstly,it is difficult for the criminal constitution to provide a logical order for the construction of the charge facts,and it is difficult to ensure the comprehensiveness and accuracy of the construction of the charge facts.Accordingly,the logical order of "objective and then subjective" should be clarified in order to construct the charge facts based on the criminal constitution,make up for the shortcomings of the criminal constitution with the help of guiding cases,and advocate the substantive interpretation of the criminal constitution.In addition,the substantive dimension of the construction of charge facts should also focus on the guiding value of evidentiary standards,and promote the construction of charge facts by improving evidentiary standards.The standard of evidence transforms abstract substantive norms into a concrete list of evidence,which can ensure the requirement of the amount of evidence in the process of constructing the charge facts,and assist in cracking the practical difficulties of constructing the charge facts.With regard to the problems of evidence standards being divorced from the criminal constitution,the rough content of evidence standards and the mechanical application of evidence standards,in the future,evidence standards should be designed with close reference to the criminal constitution,the content of evidence standards should be refined and the flexibility of evidence standards should be maintained.The fourth chapter is the process dimension of the construction of charge facts.Charge facts can not be generated out of thin air,nor is it the product of passive inheritance of the results of the investigation,but the prosecution with the help of evidence and entity norms in the use of a variety of reasoning methods in the process of generating the product,so constructing charge facts is a process.At present,China’s procuratorial organs to construct the charge facts using a static review model,this model is not only difficult to help the procuratorial organs of each charge facts construction links to control,but also strengthen the investigation results of the impact on the procuratorial organs.In the future,the dynamic nature of the process of constructing charge facts should be strengthened,moving from a static review model to a dynamic deduction model.Specifically,the qualifications of the evidence should be examined first,and then the facts of the case should be constructed and legally evaluated in turn.Evidentiary reasoning can be introduced to construct the facts of the case,and legal evaluation can be carried out with the help of legal reasoning.The fourth chapter is the procedural guarantee for the construction of charge facts.The construction of charge facts cannot be separated from the guarantee of legal procedures,and good legal procedures can provide an ideal space for the construction of charge facts activities.The construction of the charge facts is based on three procedural elements: the early intervention procedure,which is a necessary extension of the procedure for the construction of the charge facts;the examination and prosecution procedure,which is the core procedure for the construction of the charge facts;and the court charging procedure,which ensures that the charge facts are presented and refined in the courtroom.At present,the three major procedures have major deficiencies and inadequacies.With regard to the roughness of the early intervention procedure,the relevant procedural provisions should be further refined;with regard to the administrative tendency of the examination and prosecution procedure,it should be transformed into a litigation process;and with regard to the formality of the procedure for appearing in court to bring charges,the substance of the prosecution’s appearance in court to bring charges should be pushed forward.These measures should be taken to give full play to the role of the three main procedures in safeguarding the construction of charge facts.