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The Research Of Change The Prosecution Of Offenses In Court

Posted on:2012-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y FanFull Text:PDF
GTID:2216330338957846Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country,the present law of Criminal Procedure Law makes limited provisions to change the prosecution of offenses in court.Also the relevant judicial interpretations are too general.this makes the judge change the prosecution of offenses at will and spark much intense theoretical debate.whether the judge can change the prosecution of offenses in court and if can change,to what extent can change become the focus of theoretical research,and also become the question which pressing settled.this paper focus on studying the concept,form and so on.the authour adopt analytical way combining with demonstrative analysis way,and also combine theoretical research with practice analysis.on the basis of analysis the basic theory,the relavant legal provisions in any other countries and regions,our courtry's current situation,the advantages and disadvantages to change,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 four parts.The first part summarizes the cases of changing the procecution of offenses in court,including the concept,the form and analyze the reasons of change the prosecution of offenses from mutiple perspectives,in order to get macroscopical understandings.The second part analyses the values and theory foundation of changing the prosecution of offenses in court.The third part introduces and analysises any other countries and regions' legislation about changing committal charge in court in a comparative perspective,so as to give some enlightenment to construct our own committal charge modification system.The forth part is about the performance of changing committal charge in court in rhe current judicial practice in our country.and propose reconstruction of theories and rules.based on the present legislation and judical situation,the authour put forward some feasible suggestion about the settlement of this issue from the premises, ranges, patterns,subjects,the procedures and the facilities.
Keywords/Search Tags:changing the prosecution of offenses, separation of accusation and trail, changing prosecution, lawsuit object, defend right
PDF Full Text Request
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