Criminal Proceedings Lawsuit And Hearing Identity

The concept of a judge should not become an official prosecutor in a criminal trial is a basic concept in criminal procedure law. Generally speaking, In an modern criminal trial, official prosecutors’task is criminal prosecution, the judge only need hear the case without prejudice. But if a new criminal fact appeal in the trial, how to deal with the new fact for the judge? Could he try it directly? Different countries have different practices, But there is also a common way——following the identity between prosecution and trial. It is one principle in criminal litigation which means the object of the court judgment have to be the same one accused by the prosecutor, meanwhile the court can try legal case only in the range of the object accused by the prosecutor in the process of criminal trial. If judges don’t follow it, the final judgment must be an injustice judgment. But the identity between prosecution and trial is not a simple concept. As we know, different countries have different practices and different theories. There are four chapters:Chapter one:the introduction of the identity between prosecution and trialIn this chapter, the author will introduce the concept and the content of the identity between prosecution and trial, and analysis its functions. Firstly, the concept of prosecution and trial consists of litigation object single and litigation object identity. Secondly, the author will analysis the main content of the identity between prosecution and trial. Finally, the author will explore its value and function.Chapter two:different ways in different countriesFirst of all, the author will introduce the German criminal law system of public prosecution facts and Professor Roxin’s theory, the criminal count in common law and the views of scholars, Japanese criminal prosecution law and many theories in japan. Secondly, the author will compare these different ways about the identity between prosecution and trial in different countries.Chapter three:the current situation between prosecution and trial in ChinaIn this part, in present legislation, the identity of prosecution and trial does not be concerned, and in judicial practice, the judge violates the identity of prosecution and trial may also occur. The author think the identity of prosecution and trial must be concerned by lawmaker, and in judicial practice, the judge shall not make change decision arbitrarily, the prosecution organ shall not change of public prosecution arbitrarily, in order to protect the defendant’s lawsuit right.Chapter four:the establishment of the identity between prosecution and trial in China According to China’s national conditions and learning from foreign models, the author puts forward some construction of our country’s prosecution and trial. The criminal count of common law and the German models will benefit for us. We learn from not only the German public prosecution, but also the common law. This paper makes some improvements to make some current procedures according with the identity of prosecution and trial.