刑事公诉案件的审理对象包括犯罪事实与行为、触犯的罪名和应判处的刑罚。只有在犯罪事实方面 ,法官的审查范围受检察官指控的限制。而触犯的罪名以及应受到的刑罚 ,都属于法律问题 ,由法官自主判断 ,不受控诉范围的约束。但法官应就案件中的“法律问题”进行适当的释明或指示。 The subject of criminal prosecution cases include the facts and acts of crime, the offenses of conviction and the sentences to be punished. Only in criminal matters, the scope of the judge’s examination is limited by the prosecutor’s allegations. However, the offenses of committing crimes and the penalties they should be subjected to are all legal issues, which are judged by the judge independently and are not bound by the scope of the complaint. However, the judge should make appropriate explanations or directions on “legal issues” in the case.