The Supplement Of Public Prosecution

As an important part of alteration of the public prosecution, the supplement of public prosecution inherits the important functions, meanwhile the almost issues in practice from alteration of the public prosecution, so its advantages and disadvantages are both typically prominent. The standardization of add of public prosecution concerns the rationality of prosecutorial power control, the optimization of power assignment between court and prosecution, and the protection of defendant’s rights in criminal accusation. As inappropriate prosecution means conniving in the criminal or hurting the innocent, the reasonable manipulation of the supplement of public prosecution is obligation of prosecutors and necessary for public prosecution. Since the present laws of the supplement of public prosecution are excessively simple that influences the application of this system, the discussion of the supplement of public prosecution has important theoretical and practical significance.Although the research on the supplement of public prosecution performs well, due to cultural and legal differences, the supplement of public prosecution systems are different between countries and areas. Adopting the count system which offers the trial object and content of defense definitely, common law countries pursues the idea of the adversary system which emphasizes the justice of trial process, as the consequence, the supplement of public prosecution is usually forbidden. Germany, courts have the right to change the accused facts and legal parts within the fixed public prosecution facts while adopting the system of public prosecution facts, allow the supplement of public prosecution Influenced by both Civil Law and Common Law, Japan integrates the alteration theory of the two legal systems by adopting the count system, meanwhile permitting the supplement within the fixed public prosecution facts. All the systems are useful for China to complete the the supplement of public prosecution.Studying on the domestic the supplement of public prosecution, this paper attempts to find the practical issues and their reasons in the system. Subsequently, this article researches the foreign the supplement of public prosecution, trying to suggest some improvements for the perfection of China’s add of public prosecution system.