比较法视野中的公诉变更制度之完善

Improvement of Alteration of Public Prosecution as Viewed from Comparative Law

公诉变更制度是现代公诉制度的重要内容,它对于矫正公诉机关的起诉指控、保证法院的公正审判具有重要意义。我国刑事诉讼法应对公诉变更制度作明确规定,并在现有司法解释的基础上,借鉴国外的立法,进一步完善公诉变更制度。

Alteration of public prosecution is important part of modern public prosecution system, and is of significance to rectifying the accusation of prosecution organ and assuring fair trial of court. The alteration of public prosecution system should be prescribed in the Criminal Procedure Law and further completed on the basis of current judicial interpretation by referring to foreign laws.