Essay On The Regulation Of The Court Changing Charges

The HONGQIAO case in Qi Jiang Chong Qing city in 1999 involving to the court change has caused a fierce debate between the judicial and academics once. Now It has already been very common in judicial practice that the court changes the charges, which have positive effect on promoting judicial justice and improving the efficiency of lawsuits. But in academia, there are some arguments against charges that the court changes the procurator organs, which is suspected of overreaching and against the principal of control umpire separation as well as no trail without complaint. At the same time, it is also deprive the defendant's defense. In addition, although the scholars holding the positive attitude toward admit that the court has the right to change charges, they have not yet reached a consensus about in entity and regulation procedures for it. The present criminal procedure has no explicit provisions if the court has the right to change the charges. But it has provisions in the judicial interpretation of supreme people's court. And the interpretation is principal and general terms that just regulate the court can change the charges without limits and even no necessary procedure safeguard. It is so highly abstract regulation that will produce applicable difficulties in the judicial practice and cause a series of substantive or procedural problems. In order to realize the criminal litigation punish crimes safeguard human rights lawsuit purpose, achieve the unity of the substantive and procedural justice, they need to make clear restrictions that the court has the right to change charges in the legislation, which will divide in court judge accused three changes on the issue of charges no conflict and contradiction, thereby better promote the realization of justice.This paper will be divided into four parts. Firstly the case Hong Qiao in Qi J iang in Chongqing causes the two arguments if the court has the right to change the charges to analyze and then affirm it. Secondly, according to the current that legislation and judicial practice research court change charges, it analyzes the necessity of regulation the court changes charges. Then comparing and studying the two law reviews about the court changes the system and pattern, the reasonable parts among them should be absorbed and used in our country. Finally, this paper points out the two regulation ways for the court to change the charges, that is the entity and the program limits the court change crimes. At the physical limits, it is clear conditions the court has convicted of changing power and the scope of changing charges. In the program limit, it is establishing inform program, revoking, the modification additional prosecution procedure and restart the court to debate the program that aims to solve the problem in judicial practice justice, lawful and reasonable.