| In China, instead of specific provisions in criminal procedure law, prosecution modification by procuratorates and courts is mainly established through such normative documents as judicial interpretations, so that there is not only a lack of clear understanding of this issue by legal practitioners, but also a serious lack of theoretical research on this issue by scholars. Empirical study has indicated that prosecution modification by procuratorates mainly applies to cases that have similar accusations and are easily confused with each other. Although such cases seem small in proportion, they are scattered in various links of trial and there is no legal restriction on the number of time of modification, or legal norm on the method of modification, which are very casual in practice. The court is more active in this respect, and most of the modifications are suggested by the courts or made by courts themselves. As far as the objects of modification are concerned, the most common prosecution modifications are the modification of criminal facts and accusations. Prosecution modification has such problems as serious deviation from law in terms of its content, insufficient procedural legitimacy, and lack of effective protection of the procedural defense interest of the defendants. To solve these problems, China must try to eliminate misconceptions, cultivate the consciousness of limitation, reconstruct entity control mode, and establish a system of prosecution modification based on the structure of counts. Moreover, China must also determine the procedural boundaries of prosecution modification in the three dimensions of time, power and rights, free the defendant from disadvantageous prosecution modification after the first instance judgment, improve the mechanism for the check and balance between the procuratorate and the court and the mechanism for the protection of the rights of defendants. |
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