诉因制度是一项涉及到起诉的效力、审判的范围及判决的既判力等诸多问题的制度。日本在1948年修改了其刑事诉讼法并定位于当事人主义的诉讼基调后引入了这一制度,并历经六十年的发展已日臻完善并在其法律制度中发挥着重要的作用。我国的刑事诉讼构造模式与日本有着极为相似之处 The cause of appeal system is a system that involves many aspects such as the effectiveness of prosecution, the scope of trial and the res judicata of judgment. Japan introduced this system after its Criminal Procedure Law was amended in 1948 and its position in the litigation doctrine. After 60 years of development, Japan has improved and played an important role in its legal system. The structure of criminal procedure in our country has very similarities with Japan