| Changing the committal charge by court is more advantaged for court, fitting to the principle of lawsuit economics; for inspection office, changing the committal charge by court is to deprive the accusation rights of inspection office and it breaches the principles of no trial without charge and the separation between prosecution and trial; for the defendant, the behavior of changing the committal charge by court deprives the defense rights of the defendants for the new crimes and disobeys the principles that benefit the defendant. The mode of criminal procedure in our country belongs to the mode of the court authority, the court has the right to trial, and the change of the prosecution charges to a certain extent is in favor of the defendant, so our domestic courts have the rights of changing the committal charge, but the legal article provisions set up by criminal justice for changing the committal charge by court are very rare, the related system design is excessively rough, operation standards in judicial practice are diversified, such alteration shall be constrained and limited by the strict entity and programs. Therefore, we should construct the identity theory of litigation object to suit China’s national conditions and the criminal procedure structure; reform the way of transferring files, establish the system of Indictment-only Doctrine,reform the way of recording indictment; through the perfect legislation so as to improve the system of the changing by inspection office; through the specific application of the prohibition against double jeopardy principle and retrial does not add the punishment principle, and the constraints of the retrial power, thus of retrial system perfect. So as to establish a mode that changing the committal charge by court to suit China’s national conditions and the criminal procedure structure, so that the system truly reflect the legal value of the criminal procedure law, and realize substantive justice on the basis of procedural justice. |
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