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A Study of Courts’ Modification of Charges

Author: ZhouShan
Tutor: HaoAiJun
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Charges to change V. interlocutory identity Substantive Truth Procedural fairness Constitute a crime Cause of Action
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 78
Quote: 2
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Counts of change is a very important issue in the criminal trial. Court Altering Accusation is inconsistent count of the charges against him by the prosecution in the case of public prosecution and the court finds, after a court hearing, the court changed the charges against him by the prosecuting authorities, to re-identify the counts of the case. Currently, the foreign court to change the charges issues the study has been more mature, common law countries, the court can not change the principle of Accusation, to change the Accusation exceptions, restricting the right to change the charges is by limiting the charges can change entity range, which is also called \Civil law countries the law, the court trial on its own, the fact that the trial need to be subject to prosecution by the scope of the law applicable to the charge and determine on the court can act autonomously restrict the right to change the charges from the procedures set which is often referred to as \Although there are some differences in the specific legislation, but also to some extent reflects the general applicability of value orientation and design of the system, that is, to change the charges to the additional allegations of new crimes, the entity shall not infringe upon procedures The defense of the defendant's defense rights principle. China on this issue, though there are already law, but too general and simple, the face of some of the practical problems of the law seems powerless too. Of legal theory and judicial practice on this issue in-depth study and explore, advocate the the Court enjoys change Accusation view mainstream, but the specific scope and procedures for the court to change the Accusation, still there is a different understanding; Only the few scholars completely negate the court entitled to change Accusation. The article analyzes the the judicial practice court directly change the status quo and causes, prosecutors alleged offense that the court directly change the drawbacks of Accusation. Change the theoretical basis for analysis from the charges by the start, the combination of the two law systems Comparative Law on charges of change, the article Changing Accusation that the court should be entitled to a complete denial of the court to enjoy this right is not feasible, but this power is not arbitrary without any restriction. The of judicial actual, the article presents the perfect change the current court the Accusation system, it should be done theoretically the reconstructed entity restrictive mode transplantation. Establish both substantive justice and procedural fairness concept of criminal proceedings; concept to the system through the reform of criminal procedure system, eliminating the doctrine of the impact of the terms of reference; adhere v. interlocutory same principle, principle and defend the principle of no trial without complaint. And further suggested that the introduction of the \the rule of law in the soil, and the establishment of Four Important elements of the crime mode as the cornerstone, and combined with a cause of action system \

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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