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上级法院应当慎重把握监督与指导的总体平衡,不能一味地抓监督,给下级法院造成不应有的压力;也不能一味地强调指导,让下级法院无所作为,过分依赖上级法院,损害司法权威和当事人的合法权益。同时,上级法院要严格分清审判权与监督权的差异,在维护下级法院及其审判组织依法独立行使审判权的基础上,明确指导和监督的权限,划清依法监督与不当干预之间的界线。
The higher courts should carefully grasp the overall balance between supervision and guidance, and should not blindly supervise the courts and cause undue pressure to the lower courts. They should not blindly emphasize guidance, let the lower courts do nothing, overreliance on the higher courts and undermine judicial authority and parties The legitimate rights and interests. At the same time, the higher courts should make a clear distinction between the discretion of judicial power and the supervisory power. On the basis of safeguarding the lower courts and their trial organizations to independently exercise their judicial power according to law, they should clearly define the powers of instruction and supervision, draw a clear line between supervising by law and improper interference .