理论界关于起诉与审判范围的界定 ,包括罪名的指控与审判等问题的争论 ,其实质是如何把握起诉与审判的本质关系。本文拟对此进行研讨。一、公诉权与审判权的制衡及公诉范围国家刑罚权的正常运作是保证尽可能实现刑法目的的基本要求。然而 ,国家刑罚权要靠人来实施 ,而人所固有 Theoretically, the definition of the scope of prosecution and trial, including the allegations of accusation and trial and other issues of debate, in essence, is how to grasp the essential relationship between prosecution and trial. This article intends to discuss this. First, the balance of public prosecution and judicial power and the scope of prosecution The normal operation of the right to sentence is to ensure that as far as possible to achieve the basic requirements of criminal law. However, the penalty of state punishment depends on people, and people are inherent