对诉判一致的案件能否提起抗诉有各自的理论依据,各诉讼主体在实践中都有自己的立场冲突和困惑。在处理这类案件时,应当注意“有错必纠”和“抗诉必要”的综合把握,注意有利于被告人原则的运用,起诉错误的案件不能抗诉,原审判决出现新证据不宜一律抗诉。 Whether there is a theoretical basis for the possibility of filing a protest in the case of the same verdict, each litigant has its own position conflict and confusion in practice. When dealing with such cases, attention should be paid to the comprehensive control of the principle of “correct mistakes” and “protest necessary actions”. Attention should be paid to the application of the principle of the accused, that the cases where the lawsuits are wrong can not be protested, that new evidence should not be appealed in the trial of first instance All protest.