近日参加一个有关检察实务方面的研讨会,与会者不少是在刑事公诉方面具有丰富经验的资深检察官。会议期间,检察官们互相交流彼此的庭审检控经验。其中谈到,在某些案件中,检方为争取主动,采用谋略的方式巧妙地运用证据赢得与辩方的辩论,最终取得胜诉。据说,这种做法颇受一些检察官的青睐。但我认为,就诉讼科学和诉讼公正而言,庭审中的公诉检察官,应当树立起博弈对策的诉讼抗辩观,采取讲究规则的博弈式平等对抗而非谋略式技巧取胜。博弈论,又称对策论,是数学的一个分支。它是指在一种非确定性结果的竞争中,其结果不但依赖于自己的选择及机会,而且取决于对方的选择。这样,竞争结果依赖所有 Recently attended a seminar on procuratorial practice, many of whom are experienced prosecutors with rich experience in criminal prosecutions. During the meeting, the prosecutors exchanged their mutual court trial and prosecution experience. It was mentioned that in some cases, the prosecution won the victory with the defense by cleverly using evidence to win the debate with the defense in an attempt to take the initiative and adopt a strategy. It is said that this approach is very popular with some prosecutors. However, in my view, as far as litigation science and lawsuit fairness are concerned, prosecutors in public prosecutions should establish a lawsuit defense concept of game countermeasures and take a game-based equal confrontation rather than a tactical skill to pay attention to rules. Game theory, also known as game theory, is a branch of mathematics. It refers to the outcome of a nondeterministic outcome of the competition, the result depends not only on their own choices and opportunities, but also on the choice of each other. In this way, the outcome of the competition depends on all