Reserch On Changing The Committal Charge By Court As Viewed From Criminal Procedural Object

The value of criminal procedure is inherent in criminal proceedings,does not depend on the needs of the criminal procedural subject.It,throughcriminal activities,is a positive characteristic of meeting the legitimateneeds and requirements to the state, society and all citizens,and it includesintrinsic and extrinsic value.Our country adopts terms of patern oflitigation,focuses on the functions of criminal justice and security, neglectsthe intrinsic value of criminal proceedings. Changing the committal chargeby court has become a judicial practice, violates seriously of thedefendant’s legal interests. This paper is divided into five parts, based onthe theory of criminal procedural object,and analyzes the current situationof the countries in Two Legal Systems on changing the committal chargeby court, focuses on changing the committal charge by court to startdiscussion.The first part concludes the theory and practice situation of changingthe committal charge by court in China.The theoretical focus of debateconcentrates on whether the law gives the courts the power to change t thecommittal charge and the legality and rang of the power.The partsummarizes the concept of changing the committal charge bycourt,expounds the reasons from the judicial system, ideas, perspectivesand theoretical point of view,and clears the drawbacks of changing thecommittal charge by court in China. The second part introduces the theoretical basis of changing thecommittal charge by court—the theory of criminal procedural objects. Thepart begins with connotation and extension of the procedural objects todefine the procedural objects.The procedural object is the object which thestate authorities and parties implement legal actions action to point to.Thecriminal procedural object in our country is the alleged facts, and does notinclude legal evaluation.The third part starts with the real features of the criminal proceduralobject—unity and identity,analyzes legal theories and legislation indifferent countries and regions,mainly discusses the standards and methodsof identifying unity and identity.The unity in China is based on the right ofthe penalty and we should adopt a "legally inseparable" standard. Weshould adopt the "normative standards of truth" to identify the identity ofcriminal procedural object.The part points out the major practicalsignificance of identifying criminal procedural object and expounds thatchanging the committal charge by court creates a huge of the impact to thetheory of criminal procedural object.The fourth part uses the comparative study method, summarizes thestatus of changing the committal charge by court in the countries of theTwo Legal Systems. There are huge differences in changing the committalcharge by court of Two Legal Systems. The common law countries haveadopted the "entity limitation mode"and Civil law countries have used"procedural restriction mode".But the countries of Two LegalSystems,within a certain range,recognize that the court has the power tochange the committal charge, focuses on the protection of the right todefense.The fifth part is the core thrust of the article.China’s mainland should assimilate the experience of countries in the Two Legal Systems,use the theory of criminal procedural object,regulate the scope andprocedures of changing the committal charge by court both from thesubstantive and procedural changes,and improve the mode of indictmentrecord and alteration of public prosecution in order to build a rule ofchanging the committal charge by court, which is in line with contemporaryscience, democracy, rule of law concept.