Study On The Modification Of The Prosecution Charge By Court

Adjudication is the dicisive step in the criminal proceeding, which determines whether the suiting interests of the claiming and detating .The value of adjudication brings the attitude choosen by one country , to the conflicts between the entity reality and proceeding fairness, controlling the criminal and protecting the human rights. The perfection and scientific of the adjudication reflect the positive development of one country's criminal proceedings. Therefore , the problems in the adjudication is rather concentrated . So , the author try to analysize the original cause , the modification of the charges under different suit mode and the modification in the comparative law.Part one is the general statement to the modification of the charges . The modification of the charges means where the charges approbated by court is different from the one suited by the prosecution department , the court modify the charges allegated and re-approbate the charge after the adjudication. The major classes includes the modification , adding up , division and merge. To the modification of the charge , we must analysize the mechanism from the original cause of the modification of the charges , so the way to settle the problem may be found .Part two is analysis of the original cause of the charges modified by the court .In this part , the author introduce the five-cause point of the court's judgement priority. The point brings specific value inclination though , it makes many positive contibutions , if we ananlysize it deeply. The author gets the conclusion that the principle for the division of the prosecution and adjudication has not been implemented fully. The author also advocate the natural reason of the modification of the charge is that the court exercises the...