Study On The System Of The Alteration Of Public Prosecution

The alteration of public prosecution is a lawsuit behavior that the prosecutor alters the prosecution after the public prosecution institution prosecutes the defendant and the judge starts the judicial authority. It is an important part of public prosecution power .The core of public prosecution power is prosecuting and punishing the crime. At the same time it means maybe depriving of a person's liberty or life. This requests the prosecutor using the public prosecution power not only have to be positive but also accurate. Wrong prosecution means indulging crime or hurting the Innocent person. So the prosecutor ought to alter the prosecution when they find the situation has changed and it should be altered. This is the duty of objection and also fits the requirement of exercising the public prosecution power correctly.At the same time, with the development of lawsuit economic theory and broad practice of the prosecutor's discretion, the prosecutor has more and more discretionary power. The discretionary power of the prosecutor has different performance at different stage: On the prosecution examination stage, the prosecutor can decide some slight crime not to be prosecuted; On the trail stage, the prosecutor can alter public prosecution. So the alteration of public prosecution is the important performance of the prosecutor's discretionary power and it's positive character.Comparing to the relative legislations of the world, because of different legislation idea and system, the system of alteration of public prosecution has some differences.Continental law countries adopt the system of the identity of the fact of complaint, the court has the right to change the accused fact and legal part, but it should be confined in the range of the identity of the fact of complaint. Common law countries adopt the system of count which offers the trial object definitely and the content of defence. These countries pursues the idea of the adversary system which emphasizes the justice of procedure in trial process and prohibits the wrong prosecution to the defendant, so the change of count should be confineded strictly. Japan has reformed the alteration theory of the two legal systems, adopting the count system, permitting the alteration but conform to the identity of the fact of complaint.In this text, the author makes deep research on the conception, character, the reasonable aspects of the system of the alteration of public prosecution, and give some advice on the system's development based on comparative analysis the relative legislation of the world. The author hopes this advice can do some help to improve the system.