The Research On The System Of The Alteration Of The Public Prosecution

Alteration of the public prosecution is the changes that could affect the conviction and sentencing in the indictment. It is an important content of the public prosecution system. But the current legislation in China has no explicit provisions about it. Since the amendment of "Criminal Procedure Law" in2012, Academic attention to this question is obviously not enough. And the judicial practice of it is confusion. Alteration of public prosecution conforms to the value of lawsuit justice and efficiency. It can reflect the litigation principle about the doctrine of prosecuting discretion, the principle of the separation of prosecution and trial, the protection of human rights and the objective obligations of prosecutors. The criminal procedure law of our country should set up the system, and the concrete system construction still needs improvement. This paper based on the view of the problems in the alteration of public prosecution system in our country, then propose some ideas about how to improve it. The paper is divided into four sections:The basic connotation and theories about alteration of the public prosecution, the comparison of the alteration of the public prosecution in the two legal systems, the view of alteration of public prosecution in China, and the ideas to perfect the system in China.Section one, the summary of alteration of public prosecution. This section states the definition and classification of the alteration of public prosecution, then elaborates the theoretical basis about alteration of the public prosecution from the attribution of prosecution, the value of prosecution and the principles of prosecution.Section two, the comparison of the alteration of the public prosecution. This section states the alteration of the public prosecution in Germany, France, Taiwan, USA and UK, then by summarizing their similarities and differences to extract some valuable rules for China.Section three, the view of alteration of the public prosecution in China. This section analyzes the problems in the system in China by stating the current legislative and judicial situations about the alteration of public prosecution. Specifically, the prosecution change time limit is not reasonable, protection to defendants and victims is insufficient, and the court alter the accusation without restriction, etc. they are the problems need to be solved in China.Section four, the idea to perfect the system of alteration of the public prosecution. This section is the core section in this paper, the contents about how to improve the system are as follows:Legislation to establish the system of alteration of the public prosecution, Setting up the right of court to review, Drawing into the cause system, Limiting the alteration of the judge, Guaranteeing the rights of defendants and victims, and formulating the code of conduct to alter the public prosecution, etc.