Research On Count System And Prosecution Reform

It is lacking in systematic research of count system in China. Although it is not the first time that the relation between count system and public prosecution is discussed. This paper is based on the original creation of theory of society contract and three-power schism. At the same time, the writer has found the basis of cases and data as the action of counting, and gives concrete suggestions based on the theories and practices. Count system is a kind of system which limits the judgment scope of people's court by describing the composing document of the concrete crime. Counts are the objects of the judgment, so it is the ligament which connects the procedural and estimative laws. Count system comes of the essence of criminal judicatory which is the same as society contract theory. As everyone knows it maintains the modern democratic power frames of the three-power schism countries. Count system maintains self benefits by the nation power, so it reduces the pay out of human rights costs and enhances the judicatory benefits. There are many ways to translate count system, and via the research of derivation theory we will know that, count system comes from British laws, gets progress from American laws, and has been inherited by the Japanese laws after the world war two. Via the cooperation of public prosecution facts and preparation recordation system of Japanese laws, it combines the count theory and the entity laws of continental law series. Our nation belongs to continental law series, but in the thirty years of open and reform, our nation's procedural law is more and more close to British-American law series. It accords with the national current of judicatory reform. Based on the experience of the thirty years judicatory reform, we know the tasks of the law transplant are cooperation of the law system soul of the modern country and the mainland practices and traditions, and the concrete reform measures do not need to be stickled to the concrete systematic details. As to the public prosecution reform, whereas there are not enough procedural restricts for the changes of the court, and as you know the procedural predigestions are mainstream, so the writer gives the concrete reform blue prints and brings forward the changing accusation scope of common procedures,peccavi adjudgement procedures and facility procedures. It gets the public prosecution count reform effects by changing the facts, accusal and arrange orders of the law items and the improves of law frames in existence. It prepares for the next in-depth public prosecution reform.