Researches On The System Of Count

The system of count plays its role in the whole criminal proceedings. It has an important effect on making the criminal trial object clear, safeguarding the defendants' right to counsel, straightening out the relations between procuratorate and court, and ensuring the ideal procedural structure. It is very important in the theory and experience to research this system.This article includes four chapters. Chapter one is "A summary on the system of count", in which I will introduce the basic questions about the system of count, such as the means of count, the differences between count and other similar concepts, the means of the system of count and itsvalues. Count includes two parts-----the fact essential factor and the lawessential factor. The former is mainly refers to those facts which constitutes the crime, and the latter mainly contents its legal evaluation. It is different from the criminal procedural object because the latter not including the legal evaluation. The system of count also includes two parts. They are the system of count's description and the system of count's change. In the traditional common law, it emphasizes on the system of count's description. The system of count's change is the result of its development.Chapter two is "The system of count's description". It mainly introduces the contents and rules of count's description in common law, and compares it with the enactment in continental law. Both of the two legal system requires charged fact and its legal evaluation must be written in the indictment clearly and specifically. Although, the rules in common law are relatively complex and strict. In common law, if any of these two parts is unspecific, the indictment may be abolished for its invalidation. But it is different in continental law, where the indictment is still valid even if the legal evaluation was not written clearly.Chapter three is "The system of count's change". It mainly introduces the enactment and the practical rules of count's change in common law, and compares it with the system in continental law. Its substantial system is mainly established to solve the problem about conditions and scope of count's change. In common law, the scope is really limited, which is confined to the same count. Otherwise, it is rather wide in continental law, which permit prosecutor to add new charges, no matter whether it is in the same charged fact. In Japan the scope lies between them, which means the change can be allowed within the same charged fact. The procedural system of count's change includes its subjects, time, mode and the way of protecting defendants' right to counsel. Actually, it is mostly same in the two legal systems, the differences between them are only the different points they emphasize and detail.Chapter four is "The construction of the system of count in China". It mainly analyses the existing laws and the practice of indictment's description and the change of charged facts and imputation in China, and then gives some suggestions to construct the system of count in China.