| The indictment is the first legal document known to the public in the criminal procedure. It links the investigation stage and the judicial procedure, so it is relevant to the structure of the criminal procedure. In fact, the indictment's content and force influences the relation among judicial authority, right of prosecution and right to defense. So, the indictment has very important significance in the criminal procedure. But in the national criminal procedure, there are so many problems in both the legislation and judicial practice that the have damaged the justice of the trail.This research will begin with the concept of the indictment itself. Then there will be an introduction and review about indifferent indictment systems of several foreign countries. At last, the article is about to carry out research on the damages and influences brought by the legislation and judicial practice of the indictment system. After all, all these studies are carried out by the visual angle of a normal procedure in a case of public charge.The first part of the article is the introduction and analysis of the indictment's concept. First, it recommends some definitions of the indictment from some relevant documents and textbooks. Based on that information, the author makes his own definition: the indictment is a request document made by the public prosecution organ based on the evidence and law. It is sent to the court, and requires the court to judge whether the defendant has criminal duty or not. After that, the article analyzes the nature of the indictment, pointing out that it is just a document requesting convict, not a really verdict. The author disagrees with the idea that the indictment is a suggestion of the penalty. The indictment is a proof list. The article also pays close attention to the indictment's functions.In the second part, there will be an introduction and review about different indictment systems of several foreign countries. In fact, the regulations in English, America, German and Japan quite differ. After comparison, there comes the conclusion that all of them require the clarity. But, in these countries, these are differences in how to judge and obey the so-called clarity.The third part is the analysis on the history and the current situation of the indictment. In the criminal procedure, there are four big problems about the indictment: the lack in regulations, the explanation's edging out the law itself, the inaccurate content of the indictment, the fact's not matching the discussion closely.The fourth part of the article is the suggestion to our indictment system. The author suggests that, the innovation of the law should not be discussed simply. Instead of that, we should discuss the innovation from the sight of justice and the nature and functions of the indictment. At last, the author points out that the way to discuss the innovation should be from the mind, regulation and practice. |
