关键词: 诉因, 公诉事实, 犯罪事实, 诉因事实, 审判对象

Abstract: There are many different opinions about the concept of “count” in China, and it is not easy for people to deeply and intuitively understand what “count” is. Especially on the issue of its important related concept “public prosecution facts”, domestic literature not only uses terms inconsistently, but also uses expressions like “case facts”, “criminal facts”, “crime constitutes facts” and “count facts”, etc., which have not been clarified, further increasing the difficulty of understanding the theory of “count”. In domestic context, on the basis of constructing the abovementioned concept system, “count” can be understood as the conviction opinion, and its factual basis must be stated in the indictment in order to distinguish it from others when prosecuting a person who has done something and is suspected of committing a crime. In the future, the practice of determining the object of criminal trial in continental law countries should be collectively referred to as “the system (mode) of the same facts as public prosecution”, and the old school theory of Japan on the object of criminal trial should be collectively referred to as “the object theory of the same facts as public prosecution”.

Key words: count , public prosecution facts, criminal facts, count facts, trial objectcount