Research On Plights And Outlets Of The Alteration Of Public Prosecution

The Power of Public Prosecution, a kind of instituting legal proceeding represents country to prosecute crimes and request adjudicatory organ to inflict punishment for the public interest and the victim's interest. It is one of significant nation power and a crucial part of judicial system. The Alteration of Public Prosecution, just means modify accusing when public prosecution organ finds errors or omissions after initiating a public prosecution. The system of alteration of the public prosecution contributes to more accurate and effective punishment of crime, and now it has developed a more mature in the world. But it hasn't developed well in our country, and it needed to be improved in theory and legislation.The first part of this paper illustrates the intention and nature of The Alteration of Public Prosecution and comparison between The Power of Public Prosecution, The Alteration of Public Prosecution, theoretical bases analysis of The Alteration of Public Prosecution, the emergence and further development of The Alteration of Public Prosecution and the analysis of The Alteration of Public Prosecution's value goal.The second part illustrates the extraterritorial regulation system, which includes the systems of U.S.A, Japan, England, France, Germany and Italy. According to the comparative analysis, we can find that in Germany, judge is the largest deciding factor, even procurator's request is also subject to judge's decision. It expresses that the judicial system of Germany's legitimacy and mandatory and the characteristics is the German judge has greater power and control the course of the pretrial procedure. In Japan, the basis of judicial system is adversary system. Causes of Action in Japanese code of criminal procedure request judge start the trial after explicit causes, and all the court should be under the scope of the extent and the standard of the cause. Meanwhile the power of confirmation with the scope belongs to procurator. In Italy, procurator can change the prosecution when judge find errors, omissions and dispute with jurisdiction and the jurisdiction does not belong to superior court. In Equity Law countries, procurator's discretion is much greater than others. Plea bargaining and settlement with defendant which is on account of public interests is permitted. And procurator can withdraw the prosecution before the trail without and judicial investigation.In the third part of this paper, we start the analysis with the problem with The Alteration of public prosecution in our country, to accomplish the research of the system of our country. From 1979 to 1966,times amendment of code of criminal procedure, and Supreme People's Court's explanations, and Supreme People's Procuratorate's regulations , we have modified and amended some provision. Of course we still need to consummate it nowadays and in the future on the respect of legislation, procedure and the protection for the defendant.In the last part of this paper, we table some proposal for the alteration of public prosecution of our country. At the beginning, we shall confirm it in the legislation; then, we shall consummate the procedural law; at last, we shall attach importance to the protection for the defendant.