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案件请示制度的存废,曾经是本世纪初期学界最为热门的话题之一,司法理论界的主流意见是倾向于取消。但在审判实践中,案件请示制依然存在。其实,在评论一种制度是否合理时,需要考虑诸多因素,其中最重要的一条就是看该制度是否符合司法实践的需要,是否正发挥着积极的作用。虽然,其弊端仍在,但关键在于如何规范,如何扬长避短,文章正是基于此而展开,目的在于为规范案件请示制度在广西壮族自治区的运行提出可操作性建议和对策。
The system of petitioning for records of cases is one of the most popular topics in academia at the beginning of this century. The mainstream opinion of the judiciary circles is that they tend to be abolished. However, in trial practice, the system of case filing still exists. In fact, when evaluating whether a system is reasonable, many factors need to be considered. The most important one is whether the system meets the needs of judicial practice and is playing an active role. Although the drawbacks are still there, the crux of the matter is how to regulate and how to avoid weaknesses. The article is based on this. The purpose of this article is to provide feasible suggestions and countermeasures for regulating the operation of the system of referrals for cases in Guangxi Zhuang Autonomous Region.