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The Research on the System of the Alteration of the Public Prosecution

Author: QuZhongPeng
Tutor: ShiPengPeng
School: Southwest University of Political Science
Course: Legal
Keywords: Changing Prosecution The effectiveness of the proceedings Indictable facts identity
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


The indictable right to change, as one of the important power of the Right of Public Prosecution, the prosecution in the prosecution before the court of first instance, the end of the debate, for the existence of errors or omissions in the allegations, the power to be changed to decide whether the allegations. The core of the prosecution right to prosecute and punish the perpetrators, the indictable right exercise involves civil liberties, and even lives deprived improper recourse means of criminal indulgence or hurt the innocent. Therefore, the prosecution in the prosecution, should change the situation exists, it should be a corresponding change in additional or withdrawn. This is also the procuratorial organs fulfill the objective performance of the obligations, an inevitable requirement for the proper exercise of the rights of an indictable. It is involved in the complaint, defense trial powers of the tripartite interests important to achieve justice and efficiency, a huge role in the maintenance of the authority of the judiciary. Precisely because of this case, most of the other countries of the world to the legal form of its provisions of the current legislation, however, this is no clearly defined academic insufficient attention to the issue, is also more confusing Practice of indictable changes in operation. View of Public Prosecution to change the public prosecution system on the basis of the existence of many problems, and how to improve its superficial view. This paper is divided into four sections, respectively, from the the indictable right to change the basic content and Changing Prosecution system theoretical foundation, the public prosecution system of changing Comparative Law, China View of Changing Prosecution system, improve China's Changing Prosecution system conceived four aspects Changing Prosecution system were discussed. The first part of the indictment to change systems are outlined. This section first expounded the indictable right to change the meaning of its typed the indictment the right to change to the prosecution in the prosecution before the court of first instance, the end of the debate, for the existence of errors or omissions in the allegations, decide whether the power to be changed for the allegations. Changing Prosecution under the competence criteria for the classification of a nolle prosequi additional prosecution and changes to prosecute for indictable right to change the classification of this article. Second on the public prosecution the right to change the nature of that inevitable extension of the Public Prosecution Department the right to change the nature of the discretion of the prosecutor indictable. Finally, the the indictable change system as a legal system recognized in most countries of the world must have its theoretical basis. The Accusation principle the modern prosecution right discretion and initiative, the obligation of the prosecutor's objective, the protection of human rights theory and litigation effective theory discussed in five aspects Changing Prosecution theoretical basis of the system. The second part, the public prosecution system of changing Comparative Law. By Changing Prosecution system of common law countries, Germany, France, Japan, Macao and Taiwan regions to inspect, summarize the fundamental features, Changing Prosecution system to provide reference for the blueprint to construct local. Countries and regions due to differences in legal traditions and litigation mode, the public prosecution system revisions reflect the different characteristics of the above countries and regions indictable change mode is divided into judicial control type and complaint-oriented, by summarizing their similarities and differences refining our valuable provisions. The third part, China's Changing Prosecution system view. This section through the elaboration of the status quo of China's legislative and judicial status quo to analyze the existing problems of China's Changing Prosecution. Of the Code of Criminal Procedure is not Changing Prosecution stipulates that \Two high this self-empowerment serious violation of the legal principle of the program. At the same time, the judicial interpretation of the provisions of the relevant issues are too simple, rough, the practice raises some drawbacks. In particular, China's Changing Prosecution time limit is unreasonable, Changing Prosecution on the Protection of the Rights and Interests of the defendant and the victim, the court automatically change to prosecute charges of unlimited, as well as the follow-up program after the withdrawal of prosecution provisions are China's changes in building an indictable system to solve the problem. The fourth part, on the basis of Public Prosecution to change the status of the legislation system of Justice, as well as problem analysis, proceed from China's actual situation, learn from the experience of his country indictable change, put forward some ideas on improving the system of our Changing Prosecution. Changing Prosecution system conceived mainly include the following aspects: the Changing Prosecution system in the form of legislation to be established; emphasis on the protection of the rights of the defendant and the victim; should the indictable change the time limit before the end of the first instance court debate; requirements of the instrument; Changing Prosecution Scope; judge to change the restrictions of the charges.

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