Study On The Alteration Of Trial Object In Criminal Procedure

In China’s criminal judicial practice, it’s common that public prosecutors randomly add, withdraw or change charges, which would extremely infringe the defense rights; on the other hand, the prominent phenomenon that the court’s changing charges triggers tremendous disputes in theoretical areas. In fact, all these lawsuit activities can be referred to as the regime of alteration of trial object in criminal procedure. However, as to that of China, trial object seems to be a relatively unfamiliar concept, of which the profound principles have been ignored ever since, not to mention a systematic and mature theory, and thus the foregoing confusions are caused thereby. This thesis, rooted in the view of alteration of trial object, makes clear the substantive conditions as well as the procedural constraints, probes into various legislations and judicial models of different countries, and finally advocates the reasonable orientation and proposition of the system of alteration of trial object in China.