摘要
在日本,诉因作为公诉事实和犯罪构成事实的抽象或观念形态,既是刑事程序性问题与实体性问题连结的纽带,也是法官作出最终判决的关键。检察官在遵循"公诉事实同一性"的前提下,可对诉因作适当的变更,并承担相应的程序性法律后果。在我国刑事司法改革过程中,借鉴日本诉因制度有助于正确界定法官的审理范围,摒弃有悖法理的法官庭外调查制度,理顺检法关系。
In Japan, the system of cause of action is thought to be an abstraction or conformation of conception from the facts of public prosecution and element of crime. It is not only a bridge between the substantiality and procedure in criminal procedure, it is but also very important to make a judge. Prosecutors can change cause of action, following the identity of the facts of public prosecution. Accordingly, he may be charged with some legal consequences in procedure. During reforming our criminal justice, we should consider the system because it is very significant for us to find out the range of hearing, to abandon the system of judges' acquiring evidences out of court against the legal principle, and to adjust the relation between the procuratorate and the court.
出处
《国家检察官学院学报》
2003年第1期67-70,共4页
Journal of National Prosecutors College
关键词
日本
诉因制度
起诉制度
检察机关
法院
刑事诉讼法
cause of action
alteration of cause of action
relation between the procuratorate and the court
the system of sue
