Court Charges Regime Change Research

Court on charges of alleged changes to the judicial practice of the Court are often subject to an important issue. Article pointed out that the court change the public prosecution on charges of allegations refer to the Court by the Public Prosecution Service after the start of the indictment, trial procedures, consider allegations of the defendant's criminal facts are clear, the evidence is conclusive, but the charges against him is incorrect, the Court may, under the trial to both defense and prosecution debate by the Full Court to make its own post-collegiate legal evaluation of the defendant. In our country, the court convicted the behavior change in the Code of Criminal Procedure, although not clearly defined, but the Supreme People's Court in the "on the implementation of People's Republic of China Criminal Procedure number of issues of interpretation" 176th second article states:"The prosecution the alleged facts are clear, the evidence, indeed, full, charged with the People's Court on charges of inconsistency that should be made for a guilty verdict. " This clearly gives judges the power to change the charges for our courts in judicial practice to change the prosecution provided the basis for charges, the court charges to change the system of the existence in our country has based its existence, the court corrected the public prosecution of the defendant's alleged error, the defendant has given an objective and impartial decision, realize the substantive justice, and safeguarding social stability and to hold the value of the goal to punish crime.But we could not but admit that China's court system charges to change the law is not perfect, this system is very general and simple, the court convicted the exercise of the power to change does not require specific operational procedures, but simply in the judicial interpretation identified in this system. Courts often did not inform the defense and prosecution in the case of changes in charges, not to grant the defendant's defense of any opportunity to defend the accused to trample the rights and ignored the right of public prosecution on indictment of an important performance. At the same time, the court convicted the change of behavior is the same with our v-trial principles, do not ignore the principles of both the basic principles of action runs counter to. Article on law and civil law courts to change the system of charges to do a comparative analysis of common law principle is not to allow the court to change the charges, only without prejudice to the accused the rights of the defense to narrow the identified tolerance of crime, charges of the court the right to change the entity constraints, so called "restricted entity type" model; civil law courts are subject to indictment, the fact that the restrictions, but the charges only to reference the role of the court, the court may change the charges, However, the exercise of such powers are subject to restrictions on this procedure, so called "restrictive procedures" mode. The article pointed out to foreign countries cause the system modeled on China's court system to change the offense Reconstruction, the establishment of "this defense" procedures to protect the rights of the defendant's defense, the realization of substantive justice and procedural fairness of the proceedings both values.