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审判对象设定了控审权力行使与防御权利保障的空间,不但规范着诉讼的结构,而且组织着诉讼的程序,成为刑事诉讼合理构造与有效运转的内在依托。审判对象动态运行的规律,体现于从起诉到判决以及从初审到再审两根程序链条,呈现了控诉方起诉时的提示到法庭审理过程的展示乃至变更再到法官判决时的固定的运动轨迹,显示了限制审判范围、规范指控界限、确立防御目标、防范突袭审判、禁止重复追诉等机能。在我国,应当改造现行的诉讼构造,确立一种蕴涵分权制衡机理以及被告人防御权益保障理路的诉审关系,在此基础上致力于完善审判对象赖以运行的各个程序环节。
The object of trial sets the space for controlling the exercise of power and safeguarding the right of defense. It not only regulates the structure of litigation, but also organizes the procedures of litigation and becomes the internal support for the reasonable construction and effective operation of criminal litigation. The law of the subjects’ dynamic operation is reflected in the two chains of proceedings from prosecution to judgment and from first trial to retrial, showing the fixed movement track when the prosecutor prosecutes the presentation to the trial of the court proceedings and even changes to the judge’s judgment, It shows the functions of limiting the scope of trials, standardizing the limits of allegations, establishing defensive targets, preventing raiding and trial, and prohibiting repeated prosecutions. In our country, we should reconstruct the current litigation structure, establish a mechanism of imposing the power of checks and balances and defending the defense of rights and interests of the prosecution relationship, on the basis of which to improve the object of the trial run on all aspects of the program.