Concerning The Alternation Of Accusation

In the theoretical circles and judicial practices, the argument of alternation of accusation by judgment in the process of verdict in a criminal case has existed for a long time. As for this problem, there is positive theory, negative theory, and compromise theory. After all, present correlative legislation and judicial interpretation of system setting on alternation of accusation has congenital deficiencies. It doesn't clarify the safeguard and control procedure legislatively and institutionally. Therefore, it leads to the conflict among the judge, accuser and defender on the alternation of accusation. The writer supports the view that the court has the right to alter the accusation. This paper will dissertate in a logical sequence that the court has the right to alter accusation. Comparison and drawing on correlative system in foreign countries are also included, so that the paper explicates the necessity that the court should own the right to alter the accusation and the principles that the court should follow. The writer further discusses and explores the path to construct and perfect the accessory system of accusation alternation, and proposes a tentative idea, looking forward to solving this problem legally, rationally, and fairly.