Concerning The Improvement Of The System Of Prosecution Change In China

Prosecution change, it is to point to the procuratorial organs in the case after the prosecution of the defendant identity, found accused criminal facts, crime properties, charges against and applicable laws or situations such as active request the court or should court suggested in the court to make adjudicates charges prior entity or procedural modification, corrections, cancellation, thereby adjusting range or end trial judge the lawsuit activity. In Germany, France as a representative of the civil law countries after the prosecution prosecuting authority says, if want to change the prosecution shall be approved by the judge, and the judge also enjoy the compulsory change indictment power. In the United States as a representative of the common law countries because of the parties DuiKangShi lawsuit system of socialism, very stressed the defendant's right of due process for prosecution organ charges, there is also a greater change, and change the limit of the charge by the judge to exercise power mainly. At present our country's criminal procedure law system of prosecution change did not make clear a regulation, the people's procuratorate criminal procedure law, the people's procuratorate rules of work of public prosecution operating rules of its form, and slid over judicial interpretations of the Supreme Court to withdraw prosecute the only be one form. In practice, the procuratorial organs has long been according to relevant judicial interpretations of exercise prosecution change rights, normal situation court according to law, a public prosecution judgment shall arise if the other is to assume by withdrawing prosecution. And Chinese scholars to prosecution change system research are not comprehensive, study more is withdrawn, and to prosecute prosecution and additional prosecution change much attention. This paper hope that through research, use for reference foreign prosecution change system, from prosecution change of main content, time limit, form, inform the procedures and the defendant's enjoyment of the right, alteration procedures restrictions and judicial review and the effectiveness of the prosecution change aspects perfect our prosecution change system.