Court To Change The Charge Of Research,

In our country, the present law makes limited provision to change the prosecution of offenses in court and relevant judicial interpretations are too general. In Judicial practice ,there are many problems in changing the prosecution of offenses .It is uncertain whether there is reasonable and legitimate basis for this issue. This led to intense theoretical debate. On the issue of the prosecution of offenses,this paper focus on studying the concept,nature,origination and adopts analytical way combining demonstrative analysis with contrastive study.It combines theory with practice.This paper centers on studying the basis theory, the existing legal provisions of other countries and regions, For our country's current situation,the authour put forward some ideas about how to reform and improve the problem that is to change the prosecution of offenses in court.This paper is divided into five parts.The first part summarize the cases of changing the prosecution of offenses in court, including its concept and nature, differences between changing charge of court and changing charge of procuratorate, reasons to changing charge in court, and so on. Many scholars have released their viewpoints on the reasons of changing committal charge in court, here illustrate some theories of them, so as to get macroscopical understandings.The second part analyse the theory foundation of changing committal charge in court from different directions.Through three aspects,including jurisdiction and prosecution, criminal litigation, object of litigation, do all-directional demonstration, in order to make basis for the latter article.The third part inroduces other countries' legislation about changing committal charge in court . Their legislation rules the range of jurisdiction of the court and limits the committal charge modification.Through comparison and analysis on correlative legislation, we can construct our own committal charge modification system.The forth part appraises current situation of changing committal charge in China, including legislation and judicial situation, theoretical debate generated with it, advantages and disadvantages. Principle of separation of prosecution and trial, the court's neutral jurisdiction, the defendant's right to defense are the important content. The fifth part illustrates the value basis and how to improve the system of changing the prosecution of offenses in the court. Based on the legislation and judicial situation,the authour demonstrates the basis value from the jurisprudence and put forward some feasible suggestion about the settlement of issue.