Interest Measure Of Indictable Offense Changes

In the practice of criminal justice, the court will modify the indictable offense at times. Courts at all levels, primarily the courts of first instance, will modify the indictable offense directly, which is based on the judicial interpretation of Supreme People's Court, while the Criminal Law does not give this power to the Court. This makes us doubts about the legality and rationality of the court when it modify the offense of Public Prosecution mechanism, and endless debates also in academia for this. In practice, there are various forms of the court modify indictable offense, but its essence is not identical.In this paper, the author use the theory of measure interests, to give a new interpretation of the behavior in the court's modification of indictable offense directly in criminal justice.From the interests of justice to measure theory and look at the linkages between, Consistency of purpose between them, the interests of justice required to achieve an equitable measure and assess the interests of a harmonious approach requires the administration of justice in the judicial practice principles should be established to measure interest. From the conflicts which exist between the multi-stakeholders in the modification of Court's indictable offense, the court will inevitably get involved in the jurisdiction and the right of prosecution, jurisdiction and the defendant, as well as jurisdiction and the victims, which will make conflicts among these multi-stakeholders. On the basis of balancing the protection, measure these conflicts among the multi-stakeholders. The Court can not have no laws to abide by and unsystematic when it modify the indictable offense, it must be improved from the institution by measuring the advantages and disadvantages.From the point of value, the Court should balance lots of factors,such as fair, interests in balancing the protection, human rights and efficiency when it modify the indictable offense. The efficiency of lawsuit should be the premise of protecting fair, balancing protect of interest and human rights.At last, combined with the results of the theoretical analysis and experiences of the legislation and judicial overseas,put forward some suggestions for the problems of legislation and judicial in modifying the indictable offense in our Courts.