Research On Changing The Committal Charge By Court

China revised the Criminal Procedure Law and adopted some factors from the Common Law System,but our system is still familiar to the Civil Law,the power of conviction for court is limi ted by the alleged facts.Because our lawsuit practice and research are developing,there are still some scholars doubt whether court has a power to change the charge recently.Though some scholars approve the power of court,they don't make the limitation and standard clear.In order to make the problem clear,this dissertation is divided into five parts to elaborate the power and standard based on the criminal procedural object.The first part starts with the concept and background,summarizes the concept of changing the committal charge by court,introduces our practice and legislation weak points,then analyzes the reason of changing the committal charge by court.Realize the important reason is our theoretical basis-the criminal procedural object is still vague.The second part starts with the theoretical basis of changing the committal charge by court—criminal procedural objet.The former part expounds the definition and form in the proceeding.There are two different patterns in Two Legal System,in the common law countries the object named cause that includes alleged and legal evaluation,while the civil law only regard alleged facts as criminal procedural object.Criminal procedural object is the matter that all parties focus on.In China the object is alleged facts without legal evaluation.The latter part introduces the real features of the criminal procedural object: unity and identity,explains the standards and methods to identity these two features.If the court change the committal charge without observing the identity standard,it will be illegal.The third part compares the Tow Legal System and another country Japan that belongs to the mixture system.Different system owns different criminal procedural object and standard but all systems pay much attention to protect the right of the defendant party.The forth part reference the strongpoints of the Tow Legal System and Japan,analyzing the situation and lawsuit of China,then making some suggestions to improve and perfect our proceeding.The fifth part summarize the point of this dissertation.