“审判对象变更”是建立在诉审分离为基础的诉讼主义语境下的概念及命题。审判对象发生合理的变更,主要基于“起诉变更主义”和“法官职权主义”两种思路,表现为起诉变更和变更罪名两种典型机制,并分别呈现了控诉主导型与司法控制型、实体限制型与程序规制型的模式分野。然而,模式分野的背后蕴涵着一些共同的制度规律,审判对象变更机制普遍区别对待了控诉方与法官两种主体、事实与罪名两种对象、隐性与显性两种形态以及追加、变更与撤回等若干方式。审判对象变更机制的实质,是基于审判对象发生作用的内在机理,合理控制审判对象发生变更的可能性与正当性,有效防范任意变更审判对象的现象,保障被告人的防御利益及审判程序利益。 “Change of the object of judgment ” is the concept and proposition established in the litigation context based on the separation of prosecution from trial. The reasonable alteration of the object of the trial is mainly based on two kinds of ideas of “prosecuting the change doctrine” and “the judge’s discretionary doctrine”, showing the typical mechanisms of prosecuting the alteration and changing the charges, and presenting the domination of the accused and the judicial control Type, the type of physical restrictions and procedural regulatory model. However, there are some common rules and regulations behind the pattern division. The mechanism of change of the object of judgment generally distinguishes between the two subjects of prosecutor and judge, the two objects of fact and guilt, the two forms of recessiveness and dominance, as well as the additions, Withdrawal and several other ways. The substance of the change mechanism of the object of trial is based on the intrinsic mechanism of the object of the object of trial, reasonably controlling the possibility and legitimacy of the change of the object of the trial, effectively preventing any change of the object of the trial and safeguarding the defendants’ defense interests and the interests of the trial procedure.