Research Prosecution Charges Change Court

Of the Court to change the prosecution charges of judicial practice in question occurs frequently the case, the theoretical dispute never stop. I believe that this practice has a sufficient legal basis for a series of lawsuits and philosophy as a support. However, the court that the prosecution charges themselves change practice, even if there is a new "interpretation" of support, in the proceedings and the conditions are still inadequate. Therefore, this article as long as the current situation and problems of China’s view, a comprehensive study on the extraterritorial prosecution of the offense the court to change the situation, the current system in China made a little sound idea.Court change sue charges exist many types of cases, in reality, no careful study, it is difficult to put forward reasonable proposals to improve the program. By summing up China’s current status of the court to change the legislation to prosecute offenses, examining judicial practice health and theorists main point dispute, in my point of view on this issue. I think the court to change the prosecution charges, there is a certain rationality and efficiency of the proceedings at the same time, does not violate the principle of separation of prosecution and trial and not to ignore the report, it does not necessarily infringe the right to defense of the accused. However, based on the current status of legislation, court procedures to change the prosecution charges of inadequate charges of scope changes are not clear. Then from the point of view of comparative law, the Court summarized the extraterritorial prosecution of offenses change program settings including entities regulatory and procedural Regulation. Finally, China’s national conditions, issues and institutional deficiencies, the corresponding procedures, clarify the court to change the Charge of the time limit for the trial stage, the charges and the prosecution on charges of changes to an inclusive relationship, re-charges change light offenses, light accusation change heavy penalties same charges as well as the specific procedures required to design different charges, in order to better reflect the substantive justice and procedural fairness.