On Chinese Public Prosecution Case Indictment's Reform And Improvement

From the process on the surface, as reflected in the first indictment in criminal cases through the review proceedings as a form of the results, followed by transfer to the court if the indictment, under certain conditions, meaning that the criminal trial process will start, so The indictment is also a connection investigative procedures or review proceedings relating to the trial proceedings a link, however, once the indictment sent to the hands of judges and the accused, the indictment will also be a bearing on the defendant's ability to effectively defend the relationship forward to a fair trial and effective defense of such action values can become a reality. So, to make the indictment can really reflect the values of these proceedings, they must be bound by the trial jurisdiction of the indictment functions, provide defense for the accused should have the information functions of litigation are functioning, however, China's current prosecution of cases The indictment, whether the force of law or internal structure, are not enough to make the indictment to play its due process function, therefore, need to be an indictment of China's public prosecution cases of public prosecution cases as the central function of the indictment of litigation reform and improvement of its litigation function can play a variety of related litigation and concepts to be implemented in the judicial practice.The first part is an overview of the indictment indictment cases.This is some of the major is to introduce the prosecution's case was the definition and nature of the indictment, and prosecution of cases at present the definition of the indictment to reflect that the indictment prosecution's case was the production right has exclusively the prosecution, but once the indictment has been sent to the trial and those the hands of the defendant, the indictment will be recorded in the contents of their trial of the accused persons and produce "impact", this effect is obviously not the only form of "impact" (referring to the trial proceedings and forced the accused to stand trial ), but also includes substantial "impact" (mainly refers to the scope of the trial, the defendant's defensive scope, etc.).The second part is the prosecution's case was an indictment of the litigation functions. The author believes that the indictment with an indictable cases start function, constraint functions, review the information prepared to function and to provide defense of the four core functions, to achieve the prosecution's case was an indictment of the bearer of its performance of functions, starting from their own construction, should have form factor, the real factors and the legal elements of these three elements.The third part is an indictment of the status quo of China's public prosecution cases and defects. The analysis of the status quo of China's public prosecution cases on the basis of the indictment, pointing out its shortcomings. First, the law provides little direct criminal procedure and judicial interpretation of the provisions of the indictment, only two; second, without involving the legal effect of the indictment. In the specific production specification, although there have been more specific requirements, but these claims are often just stand on the perspective of the implementation of public right of set, but not the basis for an indictment to be carrying functions to regulate the proceedings and, therefore, difficult to achieve an indictable cases of function of the indictment proceedings.The fourth part of the prosecution's case was an indictment of China's reform and improvement. The third part of the prosecution's case against defects in the indictment, from the reform ideas, ideological level, the legal level, making normative level as well as the dimensions of the judicial practice of reform and improvement measures.In the ideological level, pointed out that the prosecution's case to the indictment positioned: In the prosecution's case was an indictment is in the review proceedings and criminal trial proceedings stage between the instruments, subject to prosecution under the conditions of the two programs serve as a link "tie" effect and prosecute cases of indictment not only the public prosecutor realization of the right of the prosecution, but also with the fairness of judicial referee, the defense's right to defense of the implementation of the close contact.Level in the production specification in the indictment that the establishment of an independent part of the sentence.