论我国刑事诉讼客体内容的确定——案件事实及其法律评价的双重确定

Content Identification of the Objective of the Criminal Litigation

作为刑事诉讼基本要素之一的刑事诉讼客体理论内容系统庞杂,但我国理论界对刑事诉讼客体的内容素有争论,时至今日也并未达成一致,这阻滞着公诉变更、法院变更罪名、"一事不再理"等问题的解决。应结合刑法与刑事诉讼法规范的目的,并以刑事实体法与刑事程序法为双重基础,确立包含实体内容与程序内容在内的案件事实、对案件事实的法律评价为刑事诉讼客体的内容。

As one of the basic elements of criminal litigation, the content of criminal litigation theory objective is systemic and complex, and its guidance significance towards criminal justice practice is also enormous. But there has been disputes about the content of the object of criminal litigation in China＇ s criminal law field, and no agreement has been reached even up till now, which hinders the resolution of issues such as the change of public prosecution, the modification of crime by court and the cases of no double jeopardy. To establish the content of criminal litigation object, the goal of criminal law and corresponding procedural law should be combined, and take criminal substantial law and criminal procedural law as its double foundations, whereas the content should include case facts with substantial contents and procedural contents, and legal evaluation of the case facts.