A Study Of Court's Mdifying Charges

Mdifying charges is always a controversial issue.It involves criminal prosecution,the properties of judicial justice and the relationship between the effectiveness of action, the scope of judgement and so on.According to the different situations of trial practice This "change" can be divided into many types,such as light as a felony charges change, change of name change,a lighter offences,several tens of sin, for a merger sin number for different number of crimes charges, etc.Now, in the trial procedure that the court change accusation in our country; That our court change accusation in judicial practice are basically belongs to the "direct change",which,make guilty verdict after the trial with prosecution and defense dialogue.The action is lack of the foundation of evidence and argumentation, violated the principles of debating,equal to the defense has raided, especially in certain degree it can deprize the defendant by chance,violated the basic protection principle of litigation.There are a variety of causes of Our changing status, including our legislative judiciary long-term exist " excessive entity fairness and ignore pursuit of procedural justice", the position of the investigation organ,public authority and judicial organs in proceedings in the three stages of litigation,leads to different properties in a case. expression of criminal law is too brief and the applications for the case differs.We need to research the deep reasons and in-depth legal basis, according to the conclusion,and make the design of the system again.The foundation of court's mdifying charges is listed by the followings:the principle of lawsuit, the people's procuratorate at the stage of prosecution action in the relatively independent litigant activity,make decisions,the case facts, lawsuit accused of crimes and stated in the indictment in court,exercise,and request that crime on the defendant sure punishment rights court functions,but only after a trial court case is consistent,With conviction,the defendant condemned mechanism is the main functions for trial courts,the court can combine the equal to the opinions of the case,a comprehensive understanding of the defendant make justice,referees,Through a series of programs that can ensure defendant's right of charges and procuratorial organs effectively exercise, Justice is the court to exercise jurisdiction imposed by the ultimate litigation,criminal litigation purposes in the pursuit of economic efficiency or ways to maximize justice,freedom and order, court justice charges with changes and efficiency.Comparative study foreign court change charges right legislation practice, countries of Anglo-American law system based on its DuiKangShi litigation structure and lawsuit idea, does not admit court change the legitimacy of prosecution charges, but which does not damage the defendant of substantive rights for the premise, the judge may modify the content of cause of records, the judge can narrow cognizance inclusiveness crime. Continental law requires court judge may not exceed the indictment accused the defendant and crime, if the court found the defendant trial implementation of the actions do not match with the indictment charges of an independent crime, it has no right to judge, after world warâ…±, continental law countries from their own lawsuit idea and practice setting a "inform--defense" program to guarantee the defendant to change charges are for our defense opportunities. In court convicted of change, the court before charges shall be convicted of change and other issues informs the defendant, give the defendant certain time defensive preparation, otherwise, the court cannot change Sue accused charges. The defendant's defense right and the right to defense in common law and civil law are received special attention, and this point in our system was ignored.Perfect our country's court convicted systems should change gradually abandoned in criminal lawsuit everywhere on entity as the traditional concept and establish substantive justice and the procedural justness of criminal lawsuit equal conception update, applicable, realize the cause of theory, to determine the trial of the object, limit the defendant's defense activities in the cause of scope.We can take measures as follows:Standard content of the indictment; Take example by Germany,Set the Notification Procedure; Perfect the system of prosecution change; Simplify the second trial procedure...