China's Changing Prosecution System

As an important part of modern public prosecution system , the criminal trial in the control of pattern separation, will still be able to cope with the situation, the evidence of changes in a timely manner the existence of amendments to the prosecution of alleged mistakes in the entity for the realization of justice and procedural fairness, accuracy and efficiently to punish crime, maintaining social order of great significance. Indictment to change the system settings, related to the indictment, the jurisdiction of the configuration of power and relations with the checks and balances, the impact of the litigation rights of the litigants. However, the proceedings of this important system, the provisions of the Code of Criminal Procedure in our country is still lacking, although the current judicial interpretation of the indictment in relation to change, to a certain extent make up for gaps in the criminal legislation, but from department to department-based deficiencies and system, the lack of regulation, resulting in judicial practice have had many problems, contrary to the principle of statutory procedures, the fight against crime and the protection of human rights on both sides have a negative impact. Theorists, on the indictment of China' s scholars have paid little attention to change the system, the lack of a comprehensive system design and depth of legal analysis. In view of this, in the face of our country in the indictment to change the existing legislative system and lack of lack of status, change the system of public prosecution system has a greater practical significance.This article first indictment from the authority to make alteration of Public Prosecution to clarify the concept, content, nature and characteristics of, the indictment set out to change the value system and legal basis, in theory, a systematic study. Followed by the use of comparative analysis, empirical analysis, research methods, comparative analysis of the Two Legal indictment major alteration to the characteristics of the relevant legislation and theoretical point of view, from the development process, the existing model of our system of public prosecution to change the actual likelihood inspection, combined with the work of the actual indictment of our country to change the existing system operation problems in the enumeration and analysis.Finally, this article, based on China' s judicial system, litigation and traditional values, at the same time learn from the experience of other countries on the basis of the indictment to change the system construction of China conducted a preliminary planning and prospects. Configuration from the perspective of power, the prosecution should be established in order to enjoy the indictment to change the decision-making power, at the same time to accept the jurisdiction of the courts to review and change the mode of the proposed indictment and indictment of the legislative system to change, duration of restrictions on the conditions of the subject, change the way power, defense defense, the effectiveness of the consequences of treatment and follow-up recommendations to improve the court the right to change the indictment to change the system construction of China put forward specific ideas and legislative proposals.