Research On The System Of Alteration Of The Public Prosecution

Prosecution change right is a right to correct an error in the indictment timely in the court after the prosecution during the trial. Prosecution change right is an important component of the modern part of the indictment, and is playing an increasingly more and more important role. On this basis, with the Prosecution and the development of the principle of discretion to prosecutors to prosecute a suspect the expansion of the criminal proceedings, the prosecution change system is becoming increasingly mature in the world. The establishment of Prosecution change system is important in the Public Prosecution charged to correct errors and omissions in the timely detection of cases of true and accurate to fight crime, maintain public order. Therefore, Prosecution change rules are regulated in detail in laws of many countries. In contrast, there is no clear law in the current Criminal Procedure Law of our country, and a number of differences occur in judicial practices, and which bring some difficulties in the specific operation. Therefore, it is necessary to construct a Prosecution change system in China based on our national conditions. This article is based on the theory of Prosecution change system, the proceedings of the judicial practice and tradition, learn from foreign advanced legislation, focusing on analysis of the litigation system of changing the existing problems in order to perfect our system of criminal procedure made a little change humble opinion. This article is divided into five parts, including Prosecution change system's overview, theory, Comparative research, its public status and reconstruction in our country.The first part is the overview of Prosecution change system. Firstly, the meaning of prosecution right and Prosecution change system are clarified, and their corresponding existing form and effect, which serve as a basis for discussion of public prosecution. And analysis of Prosecution change system's history.The second part is theory of prosecutions change system. By analyzing the principle of separation of accusation and trial, the prosecution and the legal doctrine of integration of doctrine, prosecutors objectivity obligation theory, theory of the significance of effective action, action to change the system and its role in building the foundation, to further clarify the theoretical basis of action to change the system.The third part, the Comparative research of prosecution changed system. Change the mode through the prosecution, to change the scope of prosecution, the prosecution changed inspection procedures, legislation, to include France, Germany and other civil law countries and the United Kingdom, the United States and other common law countries, and Japan and other countries to analyze the legal provisions.The fourth part introduces the status and issues of the prosecution change system. First Prosecution in China viewed the legislation to change the course of development, from understanding the development of our legal process, and then lists the categories of the existing criminal laws and regulations of the relevant provisions of the Public Prosecution to change, and then finally found from the relevant provisions of the regulations that exist in our current problem.The fifth part is the reconstruction of public prosecution change system. First, a clear indictment of the system of changing values, the unity of substantive justice and procedural justice, both fighting crime and protecting human rights, and implementing the prosecution and the defense balance as a guide to change the system of building the value orientation of public prosecution; and then change the system construction of Public Prosecution Legislation, mode selection, program restrictions, and other aspects of specific ideas and suggestions.