Can the court change the charges of prosecution?

In the case of Chongqing Qijiang Hongqiao collapse 1999, which sensationalized the whole country, Chongqing No.1 Intermediate People's Court held that the prosecution accused the defendant Zhao Xiangzhong of dereliction of duty and could not be established, and directly changed the charge of command, and sentenced Zhao Xiangzhong to constitute a major engineering safety accident. Whether the court can change the charges of prosecution by procuratorial organs has aroused controversy in academic and practical circles. So what? We believe that the court can change the prosecution charges of the procuratorate. Changing charges is an organic part of the court's jurisdiction and the embodiment of trial centralism. Item (2) of Article 176 of the Supreme People's Court Judicial Interpretation stipulates that "if the accused facts are clear, the evidence is true and sufficient, and the accused charges are inconsistent with those identified by the people's court, a guilty verdict shall be made." This judicial interpretation provides a legal basis for the court to change the charges. There are also many cases in practice. For example, in Jining Sun's intentional homicide case, the public prosecution agency filed a public prosecution for intentional injury, and finally the court was convicted of intentional homicide; In the case of duty embezzlement of Qingdao Xue, the public prosecution agency prosecuted for corruption and the court convicted him of duty embezzlement. The opinion of the agent ad litem can be used as one of the ways for the court to change the charges. The opinions put forward by the litigation agent entrusted by the victim or his close relatives in the proceedings can be used as one of the ways for the court to change the charges. According to the Criminal Procedure Law and judicial interpretation, the victim is a party to the case and has the right to directly or entrust an agent ad litem to participate in the litigation, and the close relatives of the victim may also entrust an agent ad litem to participate in the litigation. Victims and agents ad litem (including lawyers and citizens) have the right to ask questions, give evidence, cross-examine and argue during the trial. In practice, there are more and more cases in which victims or their close relatives entrust others to appear in court as litigation agents. An agent ad litem may put forward opinions different from those of prosecution on the facts of prosecution and conviction and sentencing. The court should also objectively express the opinions of the agent ad litem in the judgment document and make a judgment on whether to adopt it or not.