Researches On The System Of Count

Trial object is the pillar of criminal procedure.Not only does criminal trial object guide the process of criminal procedure,but also regulates the structure of it. Count as an expression of the object of criminal justice paradigm, has become an important branch model of the adversarial litigation. Count runs through the whole process of prosecution and trial related to the judge,prosecution and the defense relationship between the position and reflects the principle of separation of accusation and trial of cases in specific actions in the interests of a wide range of trade-offs. In our criminal procedure system, the lack of a trial due to the long object problem awareness, resulting in power controlled trial is facing many difficulties in the operation, and procedures of the dominant position of the defendant the right to gradually blur. Therefore, a comprehensive system of criminal counts for discussion of important theoretical and practical significance.Besides the introduction and conclusion, this body consists of three parts, a total of about thirty-four thousand words.The first part of the count for the criminal system is based on theory, a clear count vested in the criminal trial of the object based on the theory, combined with the requirements of adversarial litigation model to explore the meaning of criminal count, and to clarify the facts and public prosecutorial links and differences, to facilitate later comparison of the two study and reference. In the paper, the count is defined as the constituent elements of the crime that manifested in the form of factual and legal elements of the combination of elements, is the fact that the law of the indictment. A count can only be recorded in a crime, but the count for change through the facts with an indictable crime that the identity of the object into the trial.The second part of the count against the criminal elements of the system to conduct a comprehensive study, the main system of count is divided into records system and the count to change the system. First recorded in the system count, including count record form to record the three aspects of content and records rules. Which records the preliminary count, selectivity and merge records are recorded against the system records the proceedings of the more common way. Count for the records in the basic information including the defendant, accused of a crime charges the three parts of the facts and allegations, which records the contents of the indictment the fact that roughly the same, but both offenses documented in documented evidence of the choice of binding and there are still significant. Documented causes of action rules includes both specific and unity, that count must be a specific object of the trial, count against composite records. The indictment of the fact that the record easily into too much detail given the extreme, "indictment can not be separated" effect also extends the scope of the trial court. Second count to change the system, causes of action to change to adopt a "physical limitations model" to limit the scope of the applicable substantive changes to regulate the power to change both accusation and trial. Anglo-American countries are only allowed to "reduce the identified inclusive crime" can be changed when the situation causes of action, and civil law countries in the indictment does not change the fact that the nature can be changed. More special is that Japan, one count must be binding, on the other hand the "indictment the fact of identity" within the scope allowed to change the count, but on how to identify the "indictment the fact of identity", in theory, still controversial. In addition to physical restrictions, count for change must also follow certain procedural requirements. Change the start of the main principle for prosecutors to decide the main body for judges, prosecutors change requests must be strictly in writing and made before the verdict announcement. At the same time, the court shall promptly count to change the situation of the accused to give both parties the opportunity to fully debate, suspend the trial or application for protection of the defendant the right to postpone trial.The third part discusses the system of criminal procedure for reference to China. First, the object of the indictment and the trial judge to determine the system status of the object changes in legislation and practice, respectively, to inspect, analyze systems and limitations between missing. Based on this proposed count of the introduction of reform ideas:First, improve the indictment system, a particular object for the purpose of the trial, adjust the records in a clear indictment, reducing pre-trial judge to prejudge the possibility of the provisions of the appropriate sanctions; the existing "Photocopyism" transfer mode transition to gradually improve the supporting system, such as the discovery system, cases such as the triage system, and then decide whether to adopt the reform effect, as the indictment a doctrine. Second, the remodeling changes prosecution system, select the record the fact that the specific theory of defense finds that comprehensive consideration, and to reduce the scope of prosecution to change that fact when the referee is inconsistent with the alleged facts, and may adversely affect the defense of the accused can start the prosecution process changes, and when the judge reduced charges inclusive identified, then can be changed. Changes should be limited to prosecute "indictment facts identity", including the prosecution facts "unity" and "narrow identity" both cases, the former Penal Code of Crimes and agreeing with the latter is a procedural right to exercise a one-time on the penalty problems. Prosecution should also be stringent safeguards to change the defendant's defense interests, given the right of an accused to know, debate the right and the right to apply for an extension trial for unauthorized changes court case, both parties can protest or appeal filed by law, to achieve the right of appeal to the judicial power of supervision. Third, structural adjustment proceedings, the remodeling division between prosecution and trial restriction effective operation of the object is the premise of the trial, the trial should be abolished legislation on the control of "mutual cooperation" principle stipulates that weaken the power of investigation judge court, cancel the court decided to start their own the right to retrial; while strengthening the concept of the accused subject of litigation, improve the rights of the accused legislation provides appropriate protection of public security and judicial clear obligations, supporting the establishment of the illegal sanctions regime, attention to exercise the right to defense counsel to effectively solve the existing defense systems the "three difficult" problems.Finally, the conclusion part of the count to stress again that the system of criminal trials in China for the Reform of the object, advocates of reform lies in the real implementation of the "do not tell nothing, controlled trial separation" of the basic values, legal norms do not need to rigidly adhere to "count" language However, a reasonable reference system core count to solve the many puzzles in the current reality, for improving theory and practice of criminal procedure will be useful.