The Criminal Complaint By The Change Of System Study

Counts can help to smooth the relations among the charges, the judges and the defendants. The alternation of counts which gives the procurators restricted power to change the accusations decides the range of the right and the power of the defendants. It can also help to maintain the stability of the public charge and to avoid the abuse of legal power to safeguard the right of defense.The alternation of counts should be restricted by substantial and procedural systems to avoid improper changes, by which the rights and interests of the defense party could be ensured. First, the alternation can't change the prosecutorial facts and it should be limited within the range of coherence of prosecutorial facts by the proceeding elements; second, the alteration of counts should be under the control of proper proceedings. In all, such a system can be used for reference to overcome the shortcomings of the practice of Chinese public charge and better the criminal procedure of China.The main body of this thesis comprises four chapters. The first chapter which defines the connotation of system of counts illustrates its value by comparative study of counts and prosecutorial facts which are two basic concept in this system.The second chapter concerns about the system of substantial restriction. Based on the definition and distinguishable criterion of the singleness and identity of the criminal procedural in countries and related law systems, this chapter analyzes relative conceptions and distinguishable criterion.The third chapter is about the procedural system of the alternation of counts. According to the timing of the court power intervening during the criminal proceeding, the system of alternation of counts can be divided into two stages. Procedural elements are analyzed on the basis of the two stages.The forth chapter dwells on the methods of the construction of the alternation of counts in China. There are some defects in Chinese litigation system concerning the alternation and it is essential to perfect it.