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Court Charges Change

Posted on:2013-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2246330371481891Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Found through the analysis of one case and the related probability change the Charge of theCourt has been prevalent in the judicial practice, but never stopped for the court to change thediscussion of the prosecution charges. The existence of the court to change charges reasonable?If the presence of the court to change the charges are reasonable, our country should be how tosolve the problems of the court to change charges? I believe that our country in terms of ’mode,substantive justice is the pursuit of the goal, China should allow the court to change the charges,but China’s blind pursuit of substantive justice and ignore the procedural justice. Therefore, ourcountry in order to limit the expansion of the jurisdiction and protection of the defendant’s rightto defense, China to absorb a reasonable composition of the two legal systems change modelbased on the condition of our country our courts to change charges system be improved. Thispaper mainly discusses the following four parts:The first part of our courts to change the present situation and problems of the charges. First,through the relevant probability and found that the court change the charges of widespreadjudicial practice. Second, although the court change the charges of widespread practice, but stillits reasonable theoretical circles there is a dispute, this article through the analysis that the courtshould change the charges. Then change the charges of the Court change the charges of the Courtconditions are not specific, the program missing. Finally, the analysis of the court to change thecause of the problem of charges exist.The second part, compare the two legal systems the court to change the offense to changemode. The two legal establishment of the entity-limited "and" program to limit the type of thetwo different modes of changes, the reference value established by the pursuit of its institutionalbasis for China to improve the system of the court to change charges.The third part, to improve our courts to change the charges of the system. First, to establishthe theoretical foundation of our courts to change the offense. Secondly, through a comparativeanalysis, based on the conditions, choose the change mode of our courts to change the offense.Finally, the conditions and procedures for the establishment of the Court to change the chargesfor our courts to change the charges of the system be improved.
Keywords/Search Tags:Change of accusation, Identity, Procedure
PDF Full Text Request
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