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刑事诉讼客体是刑事诉讼基本理论范畴之一。作为刑事诉讼中的核心问题,刑事诉讼客体采公诉事实或是诉因,取决于特定的诉讼理念和诉讼模式。然而,我国对此问题的探讨长期陷于表面的术语之争。借鉴大陆法系诉讼客体理论的意旨,结合我国特定的诉讼理念和诉讼模式分析,我国刑事诉讼客体应为公诉事实。
The object of criminal procedure is one of the basic theories of criminal procedure. As the core issue in criminal litigation, the criminal prosecution object takes the public prosecutorial fact or the cause of action, depending on the specific litigation concept and litigation mode. However, the discussion on this issue in our country has long been confronted with the superficial terminology dispute. Reference to the purpose of civil law theory of litigation object, combined with our specific litigation concept and litigation model analysis, the object of criminal litigation in our country should be prosecutorial fact.