在审判实践中,下级法院常常将自己审理的一些案件中,在判决之前向上级法院汇报、请示。这种做法已经形成一个不成文的制度——习惯上称之为审判汇报制度(以下称汇报制度)。有的同志认为,汇报制度加强了上级法院对下级法院的业务指导,有利于提高审判质量。对此,笔者不敢苟同、汇报制度无论是从其形成的原因,还是从我国的法制原则和这些年的司法实践上看,都是不妥当的,有害的,应当明令禁止。 In trial practice, the lower courts often report to the higher courts before the verdict in some cases they themselves hear. This practice has resulted in an unwritten system - customarily referred to as the system of trial reporting (hereinafter referred to as reporting system). Some comrades believe that the reporting system has strengthened the operational guidance of higher courts to the lower courts and helped to improve the quality of the trial. In this regard, I disagree with the report system either from its formation, or from the legal principle of our country and these years of judicial practice, are inappropriate, harmful, should be banned.