The Court Changes The Charge Of Prosecution Study

In judicial practice,the number of cases in which the court changes the charge of prosecution only increases,but does not decrease.The forms of specific changes are also various,but no matter what form of change,the result can be divided into the serious change of the crime to the light crime,the least serious change of the crime,this change will have different degrees of impact on the three sides of the trial and prosecution.For the court,the court to a certain extent violated the principle of the same trial but at the same time the court also pursued the objective of substantive justice,in line with the economic principle of litigation,is conducive to improve the efficiency of litigation;As for the procuratorate,the court interferes with the prosecution right of the procuratorate,which is infringed to some extent.For the defense,different degrees of violation of its right to defense.From the perspective of legislation,there are some legal provisions on the change of charges for prosecution by the court,but they are only limited to the interpretation of the Supreme Court and the supreme people's procuratorate rules,and the criminal procedure law does not clearly stipulate.Although there are relevant laws and regulations,but because the regulations are not clear and detailed,and there is no specific operation procedure guidance,so in judicial practice,there will be the phenomenon of the court randomly changing the charges,problems are also frequent,exposing many deficiencies.How to scientifically and effectively regulate the court to change the charge system of prosecution has become an urgent problem to be solved in judicial practice.The theoretical circle also has disputes about whether the court has the power to change the charges.Admittedly,considering China's national conditions,the frequent occurrence and complexity of cases,etc.,and the legal basis,the view supported by the more dominant.Therefore,this article argues that the court has the right to change the charge of prosecution,and the legitimacy of the court to change the charge of prosecution lies in that the court has independent jurisdiction,and the theoretical basis is the principle of separation of prosecution and trial.The most important principle of the separation of prosecution and trial is the same prosecution and trial,which is related to the accurate judgment of the change of prosecution charges by the court.The court change system outside the region has been studied respectively: thecommon law countries have very strict restrictions on the court change of charges through the criminal system,and set specific provisions on the change of charges,which can be summarized as "entity restriction mode";In continental law countries,Germany is the representative of the court to change the charge of prosecution,and the mainstream voice of the German theoretical circle is the subject of the theory,Germany is the court can change the charge of prosecution,but in order to protect the rights of the defense set up the "inform--defense" procedure,can be summarized as "procedure limitation mode";Japan combines the advantages of Anglo-American law system and continental law system to set the mode of change of cause of action and strictly restricts the change of charges by the court.Considering the situation outside China and China's national conditions,our country is similar to the continental law system,so we can learn from the German court change system.The last two parts analyze the status quo of the change of charges in China's courts,and start from the cause analysis,summarize the impact of the change,and then summarize the problems.Drawing lessons from the situation outside the country,combined with China's national conditions,put forward Suggestions to improve our country to change the charges of prosecution.