The Research Of Principle Of The Identity Between Prosecution And Judgment

The principle of the identity between prosecution and judgment is one principle in criminal litigation which means the object of the court Judgment have to be the same one accused by procure, mean while the court can try legal case only in the range of the object accused by procure in the process of criminal judgment. This principle is produced by the separation principle between prosecution and judgment in concretely operating, otherwise it reflects conflict and coordination in relationship between prosecution and judgment in criminal litigation. Now, this principles chiefly separated into two types. One is"the entity restriction type";the other is "the procedure restriction type".Because of the our country history and the reason of the reality, the theories field has various controversies to the usage about the principle of the identity between prosecution and judgment. How to make law in our country perfect? How to construct a system the principle can perform positively? These problems depend on in putting the system of the cause to prosecute and constrict court in changing the counts. However, it also needs the perfect public prosecution alteration system, the postponing system and the system to guarantee human rights etc. integration. This essay tried to research the principle of the identity between prosecution and judgment from the foundation of theory to practice in judicature, from drawing lessons from empirically from the abroad to making use of crime litigation which has Chinese special features etc. aspect. At last, the essay also put forward speculation about the establishment and perfection of the principle in our country.