论文部分内容阅读
正确处理好上下级人民法院在审判工作中的关系,对当前的审判实践是很有实际意义的。我国宪法和人民法院组织法规定:最高人民法院监督地方各级人民法院和专门人民法院的审判工作,上级人民法院监督下级人民法院的审判工作。很明显,这不同于行政机关的上下级关系。行政机关的上下级关系是领导与被领导的隶属关系,在业务上,上级行政机关领导、指挥下级行政机关的工作,下级行政机关听命于上级行政机关。而上下级人民法院在审判工作中是一种监督关系,这种监督关系,根据刑事诉讼法和民事诉讼法的基本精神,又主要体现
Correctly handling the relations between the people’s courts at the lower and higher levels during the trial work is of great practical significance to the current trial practice. The Constitution of our country and the Organic Law of the People’s Court stipulate that the Supreme People’s Court shall supervise the adjudication work of the local people’s courts at various levels and the special people’s courts, and the higher people’s courts shall supervise the adjudication of the people’s courts at lower levels. Obviously, this is different from the superior and inferior relations of the executive. The relationship between the superior and the inferior of an executive organ is a subordinate relationship between the leader and the leader. In business, the leader of a higher-level executive organ directs the work of a lower-level executive organ and the lower-level executive organ listens to the higher-level executive organ. The people’s courts at the lower and upper levels in the trial work is a kind of supervisory relationship, this supervisory relationship, according to the basic principles of the Criminal Procedure Law and Civil Procedure Law, but also mainly reflected