Study On The Change Of Accusation

China’s judicial practice, often the court diameter line to make the case different from the procuratorial organs indictment alleged offense, either by heavy charges to the light charges, and some light charges to the kinds of charges, some several crime to a crime, somecrime into several crimes, as well as changed by several crimes, several crimes, short wide variety of what circumstances are likely to occur.The provisions of the Criminal Procedure Law on changes to charges is not clear, but the specific practices, two high judicial interpretation is not specific, this is the direct cause of the free to change the offense in the judicial practice of the courts at all levels.How the courts operate to change charges, is an urgent problem in the judicial practice.Through access to relevant information, I learned that in China the following views on the Court’s ability to change charges:The first view is that the court after the trial ended, prosecutors alleged identified the nature of the crime the defendant committed offenses and the court process does not match the judgment of conviction against the defendant in accordance with the court ruled that the charges;The second view is that courts can not directly change the charges of the prosecution allegations, that prosecutors alleged improper charges, procuratorial organs should be advised to change the prosecution to reopen and then make a judgment;The third view is that the court deems Change of Accusation, to be written to solicit the views of the procuratorial organs, no objection can be made to change the judgment of the Accusation.Our judicial practice in the judiciary to perform in accordance with the first view.After reading some of the common law and civil law, common law countries, based on the adversarial litigation construction and litigation philosophy, in principle, to recognize the court to change the legitimacy of the prosecution charges, but without prejudice to the defendant of substantiverights case, the judge can modify the complaint due to record the contents, can also reduce the identified inclusive crime.The civil law courts do not have the indictment alleged the accused and criminal acts to be the referee, if the court intended the count of change, shall be the procedure to inform the prosecution and defense, giving the opportunity of its litigation defense.I analyze the reasons for the court to change charges, our courts to change the legislative status quo of the charges and the reason charges to change the variety of perspectives in the trial practice, several situations have Bachelor of circles on the court to change the offense come to the court You can need to follow the principles of reason to change the offense and the court to change charges. Finally, the author assumes that change the charges of the Court shall comply with the specific procedures to give the legislative reference.