Studies On The Court's Changing Accusal

The problem of the c(?)urt' s changing the accusal of prosecution is essentially how to understand the character of justice and the relationship of criminal prosecution and criminal justice. This problem is a concentrated reflection of the extrusive conflict of court and procuratorate in existing justice system from a lower view, but in a deeper view, this problem is related to the macroscopical object of justice innovation which includes the adjusting of criminal conformation and the configuration of criminal justice rights. So it is very important in theory and practice to develop a deeper research of this problem.Aiming at the lack of systemic research and direction of basic theory category ,this article pays attention to the combination of the court' s changing accusal and the basic theory category of criminal procedure and puts forward the assumption of the system constitution in the basis of comperative research .The primary content of the article is as follows:Part One: advance of the problemThe court' s changing accusal is a tradition of criminal justice in practice in China, even considered as the content of rights of trial .Reviewing the legal foundation of this problem, it has directive regulation in interpretation and indirective system basic in criminal procedure law. So the phenomenon exists up to the present. Necessary research is done in theory and practice, but the deficiency of research makes it important to develop deeper research on this topic.Part Two: the contrast and analysis of overseas pattern of the court' s changing accusal.The consistency of prosecution and judgement is a principle complied by present-day countries universally. Of course, the request of the principle is not absolute. According to the different valuation and tradition of different country, the principle has compatibility and retractility to some extent. The anglo-american law system restricts the rights of court by regulating the kind and range of accusal. The pattern of restriction is restricted by entity. The continental law system restricts the rights of court by setting up a certain procedure before changing accusal. The pattern of restriction is restricted by procedure. The patterns above provide us with some important references.Part Three: basic theory category related to court' s changing accusalThe singularity of criminal procedure object requires the court can make judgement to the case prosecuted by procuratorate entirely. The consistency of criminal procedure object requires the object of judgement should be consist with the object of prosecution, that is to say ,the object of judgement cannot overstep the range of procecution. Besides, according to the principle of criminal procedure conformation, it is necessary to restrict the rights of changing accusal of courts.Part Four: constitution of systemThe content of indictment confirms the range of judgement. Whether the indictment is definite or not plays a vital part in criminal procedure. We should regulate the recordation of indictment definitely and then restrict the rights of changing accusal of courts by restricting the kind and the range of the accusal. Finally, the alteration of prosecution should be consummated to rectify the mistakes of the prosecution and find the fact of the case at last.