引言近年来,全国法院的民事二审案件(以下简称二审案件)发回重审的数量和比例都呈逐年递增态势。滥用发回重审制度已严重威胁到案件的公正审理、损害司法权威、浪费司法资源,给一审法院尤其是基层法院造成了极其被动的工作 Introduction In recent years, the number and proportion of civil second instance cases (hereinafter referred to as second instance cases) sent back for retrial in national courts have been increasing year by year. Abuse of the system of sending and retrial to justice has seriously threatened the fair trial of the case, undermined judicial authority, wasted judicial resources and caused extremely passive work to courts of first instance, especially to grass-roots courts