The Research Of Alteration Of Public Prosecution

The public prosecution alteration, as one of important execution forms of the public prosecution right, is a kind of behavior that prosecuting institutes make an amendment to the pubic prosecution after it has been initiated. Prosecution behavior has a significant impact on the accused. More importantly, it may relate to the right of citizen’s liberty and life so that the accuracy is required for the execution of public prosecution right. In case that the prosecution is essential to modify after it has been initiated, the corresponding addition, alteration or withdrawing should be allowed.To endow prosecution institutions with the right of alteration of public prosecution is a kind of demand to carry out objective obligations,as well as is a requirement to perform it rightly and effectively, and also is a reflection of its convenience. The rational use of public prosecution alteration has a significant impact on both the achievement of judicial impartiality and its authority safeguard. Therefore,regardless of Anglo-American or continental countries, most of them have made a more detailed regulations in a form of law. But there also exists lots of unreasonable regulations about the alteration of public prosecution in china’s legislation, and what’s worse is the alteration abuse also exists in judicial practice.First of all, this paper analyzes the existent rationality of public prosecution alteration, then makes an analysis and comparison of the extraterritorial developed countries’ model, scope and procedures, in addition, introduces the legislation and judicial current situation of our country’s public prosecution alteration, moreover,points out the system’s defects and the abuse phenomenon in judicial practice,and analyzes the problems in the operation of the public prosecution alteration. On the basis of referring to foreign experience rationally, it puts up with some suggestions to both our country’s alteration system and the improvement of corresponding supporting measures.In addition to the introduction and peroration, this article is mainly divided intofour parts.In the first part, makes an introduction of the basic meaning and the related theory of our country’s public prosecution alteration. It mainly defines the concept of the prosecution right, the system and right of public prosecution alteration, and introduces its content and basic effectiveness, then analyzes the validity of public prosecution alteration from few theoretical points, which includes the separation of prosecution and trial, public prosecution discretion, prosecution effectiveness and prosecutors’ objective obligations.The second part is the extraterritorial inspection of public prosecution alteration.Every country’s prosecution pattern and tradition are different so that their alteration mode, range, and procedures are also diverse. This section mainly focuses on the analysis of the system of public prosecution alteration of typical Anglo-American and continental countries and regions from many aspects, for instance, alteration mode,range, date and the right protection of the accused. These countries include the United States, Britain, Germany, France, Japan, Italy and Taiwan. And it analyzes the reason why the prosecutor controlling power mode or judge controlling power mode or prosecutor and pretrial judge controlling power mode is adopted by these typical countries, as well as analyzes the causes that different regulations are applied into alteration date, way and range.The third part mainly analyzes the current situation of public prosecution alteration from the perspective of the legislative and judicial practice. Firstly, makes an arrangement of relevant legal provisions of public prosecution alteration in our country, in addition, makes an introduction of the problems existed both in the operation and extensive application in juridical practice. Finally, makes a deep analysis of problems in the operation of public prosecution alteration.The fourth part proposes some perfect suggestions aimed at the problems occurring in our country’s public prosecution alteration. Then, introduces the theory of construction of public prosecution alteration. Referred to foreign beneficial experience, and establishes our alteration system from the perspective of pattern selection and procedural restriction, as well as perfects the corresponding supportingmeasures.