目前,司法实践中控辩式庭审模式的实验已引起了社会各界的关注。这种庭审方式是对现行我国刑事公诉案件审判方式的变革,其基本特点是控、辩双方各自举证、辩论,法官居中裁决。因其尚处于模索、尝试阶段,因此,从法学理论上对之加以探讨很有必要。 At present, the experiment of the prosecution and defense trial mode in judicial practice has aroused the public’s attention. This method of trial is a reform of the current trial mode of criminal prosecution cases in our country. Its basic characteristic is that both the prosecution and the defense debate each other’s evidence and debate, and the judge’s mid-court decision. Because it is still in the model, trying stage, therefore, it is necessary to explore it from the legal theory.