近现代相对合理的三角结构刑事诉讼中,审判对象的存在,将控、辩、审的诉讼活动组织起来,演绎出一幅紧紧围绕审判对象的控辩对抗与法官判定的诉讼图景,实践一种控制权力、保障权利的程序逻辑。中国刑事审判对象的制度植根于控审配合为基调的强职权主义构造,呈现以案件事实为审判对象的特征,强调控审权力行使、忽略防御权利保障,可被定义为“案件事实制度”。该制度存在弊病,运行效果欠佳。除了制度建设落后和实践消极因素的影响,更是由于追究权力的扩张、诉讼结构的失衡和诉讼程序失当等深层病理。现行制度的完善,有赖于从理念、结构和程序的根本层面寻求基础资源,构建一种遵循被告人主体性的诉讼理念、以控审分离为基调的正三角结构的诉讼构造、蕴含审判对象问题意识的程序装置,进而合理借鉴诉因制度和公诉事实制度的有益因素,以完善审判对象赖以运行的各环节。 Triangle structure in modern relatively reasonable criminal proceedings, the existence of the object of the trial, the prosecution, debate and trial of litigation organized to deduce a closely around the object of trial and defense confrontation between the judge and judge litigation map, the practice of a Program logic to control power and protect rights. The system of China’s criminal trial objects is rooted in the structure of the powerful doctrine of the premise of accusation and trial as the keynote, showing the characteristics of the case as the object of trial, emphasizing the exercise of the powers of trial and control and ignoring the protection of defensive rights, which can be defined as the “ ”. The system has its drawbacks and its operation effect is not good. In addition to the impact of the backward system construction and negative factors in practice, it is due to the investigation of the deep pathology such as the expansion of power, the unbalance of litigation structure and the improper process of litigation. The perfection of the existing system depends on finding the basic resources from the fundamental level of philosophy, structure and procedure, constructing a lawsuit structure that follows the litigation concept of defendant’s subjectivity, examining the structure of the equilateral triangle with the keynote of separation, Consciousness of the program device, and then draw lessons from the system of reason and prosecutorial factual system beneficial factors in order to improve the trial run on all aspects of the object.