2010•Unpublished venueRequires access

On Constructing the System of Modifying Accusation by Court in Our Country

Gu Bin

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Abstract

Court is the only organ enjoying the right of final conviction,so it can modify the accusation from procuratorial organs.However,the basic litigation concept no trial without complaint is changed by it.The legislation and practice of court modifying accusation in our country exposed this problem.To overcome this,we can imitate the procedural limit model in the continental law system,set up our country's procedure of indirect modification of accusation based on the principle of identity of public prosecution facts,and construct the system of modifying accusation which is in accordance with the judicial environment in our country.

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What this paper is about

Court is the only organ enjoying the right of final conviction,so it can modify the accusation from procuratorial organs.However,the basic litigation concept no trial without complaint is changed by it.The legislation and practice of court modifying accusation in our country exposed this problem.To overcome this,we can imitate the procedural limit model in the continental law system,set up our country's procedure of indirect modification of accusation based on the principle of identity of public prosecution facts,and construct the system of modifying accusation which is in accordance with the judicial environment in our country.

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Available abstract

Court is the only organ enjoying the right of final conviction,so it can modify the accusation from procuratorial organs.However,the basic litigation concept no trial without complaint is changed by it.The legislation and practice of court modifying accusation in our country exposed this problem.To overcome this,we can imitate the procedural limit model in the continental law system,set up our country's procedure of indirect modification of accusation based on the principle of identity of public prosecution facts,and construct the system of modifying accusation which is in accordance with the judicial environment in our country.

Key concepts: False accusation, Conviction, Law, Political science, Complaint, Legislation, Law and economics, Sociology

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