按照刑事诉讼法第一百零八条的规定,人民法院对于人民检察院提起公诉的案件进行审查后,“对于主要事实不清、证据不足的,可以退回人民检察院补充侦查”。但是,由于法律对退回补充侦查的形式未作明确规定,以致在法学界和司法实践中观点各异,做法不一。在司法实践中,人民法院对于“主要事实不清、证据不足”的案件,大都是用公函的形式退回人民检祭院补充侦查的,但由于其不具有法律约束力,法院和检察院因案件“退查”问题而“扯皮”的情况时有发生。不仅使有的法、检两院的关系弄得很紧张,更主要的是严重影响到执行法律的严肃性,影响到及时地惩罚 In accordance with the provisions of Article 108 of the Criminal Procedure Law, a people’s court examines a case filed by a people’s procuratorate for public prosecution. “If the main facts are not clear or there is not enough evidence, the people’s procuratorate may return it for additional investigation.” However, due to the fact that the law does not clearly stipulate the form of the supplementary investigation, there are different opinions in the jurisprudence and judicial practice. In judicial practice, most of the cases of “the main fact is not clear and the evidence is not sufficient” are returned by the people’s court to People’s Memorial for Purification for supplementary investigation. However, because of its non-legally binding nature, the courts and procuratorates have, because of the “ Retreat ”problem and“ wrangling ”the situation has occurred. Not only makes some laws and seizes the tension between the two chambers, but more importantly, it seriously affects the seriousness of enforcing the law and affects timely punishments