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我国理论和司法实践,都要求将惩罚犯罪与保障人权作为刑事诉讼的目的。但从实际情况来看,保障人权无论是在立法中还是在司法实践中,都没有达到与惩罚犯罪同样的高度,在二者出现冲突时,仍然将控制犯罪作为首要的目的和任务。这既是实践的需要,也与我国人们的主流价值观相统一。因此,我国应借鉴职权主义诉讼模式的做法从程序上对法官变更罪名权进行限制。原则上应允许法官变更罪名,但同时应注重对被告人的保护,保障被告人辩护权的行使。
Both in theory and in judicial practice in our country, it is required that the purpose of criminal proceedings be to punish and safeguard human rights. However, from a practical point of view, safeguarding human rights has not reached the same level as punishing crimes both in legislation and in judicial practice. When the two conflicts arise, criminal control is still the primary goal and task. This is both a practical need and an unification with the mainstream values of our people. Therefore, our country should draw lessons from the mode of litigation of authoritarianism to procedurally restrict judges’ change of charges. In principle, judges should be allowed to change their charges, but at the same time, they should pay attention to the protection of defendants and ensure the defendant’s right to defense.