近来,不断有人撰文认为,法院判决可以改变起诉罪名。这种看法很值得商榷。笔者以为,判决改变起诉罪名有悖法理,实践中会导致司法权划分界限的混淆,阻滞司法机制的正常运行,进而对诉讼各方乃至整个社会产生不可低估的负面效应。第一、从诉讼理论来看,判决改变起诉罪名的作法与现 Recently, some people continue to argue that court rulings can change the charges of prosecution. This view is debatable. The author believes that the judgment of changing the charges of prosecution is contrary to the rule of law. In practice, this will lead to the confusion of the boundaries of the division of judicial power, block the normal operation of the judicial mechanism, and then produce negative effects that can not be underestimated for all parties involved in litigation and the society as a whole. First, judging from the theory of litigation, the practice of judging the charges of prosecution is changing