Research On The Regime Of The Change Of Public Prosecution

The element alteration in the bill of prosecution which may affect the, conviction and criminal punishment is the change of public prosecution. The regime of the change of public prosecution is an important content in the public prosecution system, however, it is not established definitely in the present legislation of our country, not come to the academe's attention closely, and the operation of the change of public prosecution is in a state of being confused.The regime of the change of public prosecution accords with justice and efficiency and can incarnate several litigation principles including the doctrine of prosecuting discretion, the principle of separation between prosecution and trial, the principle of safeguarding the human rights and objective obligation of the procuratorial organization.The regime should be established in the criminal procedure law of our country. The procedure to withdraw prosecution, the supplementary prosecution and the change of public prosecution should be operated by the procuratorial organization according to the legal cause in fact before the first-instance judgement is passed. The court should examine it with qualification. The defendant have the right of defense. Meanwhile the right of participating in action of the victim and the supervision right of investigative organization should be guaranteed.There should be some time limit and procedure to deal with the changed case. The time of change should not be limited and written or verbal form should be compatible.