我国对法院变更起诉罪名的讨论由来已久,实践中法院变更罪名的做法是司空见惯。法院变更起诉罪名具有一定的价值,但我国缺乏相应的理论基础,使这一做法缺乏说服力。同时制度的规定也不完善,导致了司法实践中实务部门难于操作,各行其是。因此,为了维护被告人的辩护权和程序的公正,本文拟从理论和制度两个方面对这一变更权进行限制和规范。 My country has a long history of changing the charge of court prosecution. In practice, it is common for courts to change their charges. The court has some value in changing the charge of prosecution, but our country lacks the corresponding theoretical basis, making this method lack of persuasion. At the same time, the rules of the system are also not perfect, leading to the fact that the substantive departments in judicial practice are difficult to operate and do what they can. Therefore, in order to defend the defendant’s right of defense and procedural fairness, this article intends to limit and regulate this right of change from both theoretical and institutional aspects.