Court To Change The Charge Of Research,

The changing of the prosecute accusation made by the court in the criminal juridical practice is a very wide spread phenomenon. Academic circles also launched a heated discussion, formed the affirmative and negative two perspectives. The party held affirmative perspective said that the prosecute accusation made by the court can help to realize the substantive justice, saves judicial resources, our powers socialist the inevitable result of the lawsuit pattern; The party held negative perspective said that the prosecute accusation made by the court would infringe the defendants'right of action, infringe the public prosecution's procuratorate, violate the no trial without principle, Destroy the litigation structure of the prosecutor, the defendant and the judge. But,China's Criminal Procedure Law does not explicitly provide for the court has the power to change the offense charged. In this paper, i analyzed the causes of the changing of the prosecute accusation made by the court. The causes are as follows: First, our country's law has problem; Second, the result of the operating of the functions and powers socialist litigation mode; Third, the lack of judicial consciousness, we don't pay attention to protect the defendants'litigation rights. On this basis, i reflect on this question theoretically, mainly from three aspects including criminal lawsuit object, judge separation principle, controlling human rights protection.In many countries'legislation and judicial practice, mostly allowed the changing of the prosecute accusation made by the court. The Common law countries, which adopt the socialist litigation mode, agree to the principle that the court can't change procuratorate prosecution, but, sometimes, the court has the power; in the civil law countries, which adopt the functions and powers socialist litigation mode, allow the court change prosecution charges. But in the civil law countries'law, they set "notify - defense" program to limit the court's power from the procedure, in order to protect the defendants litigation rights in the maximum extent; Japan, which belonged to the socialist litigation mode, after World War II, absorbing the United States law parties socialist litigation mode of the cause of system, form the unique hybrid model of litigation. After this a series of reforms of Japanese criminal procedural law makes the defendant's defense right are enhanced.At the end, this article advances reconstruction of the changing of the prosecute accusation made by the court. Mainly from the following several aspects to reconstruct: first, innovate in our criminal lawsuit indictment content; second, under the present law framework, further perfect the prosecution change rights; third, limit on the changing of the prosecute accusation made by the court.