对人民法院侵犯被告人诉讼权利的行为,我国规定了检察监督与上诉两种救济方式,但这两种救济方式均难以实现救济的目的。司法实践中出现的审辩冲突现象与有效救济机制的缺失有关。我国要解决法院侵犯被告人诉讼权利的救济问题,出路在于建立独立的程序性上诉机制。在建立这一机制的过程中,必须处理好与事实性上诉的关系。应当根据程序性上诉的特点,科学地设置程序性上诉的程序。 As for the violation of the defendant’s litigation right by the people’s court, China has provided two kinds of remedies for procuratorial supervision and appeal. However, both of these remedies are difficult to achieve the purpose of relief. The phenomenon of trial and adjudication conflict in judicial practice is related to the lack of effective remedy mechanism. In order to solve the remedy of the court’s infringement of the accused’s right of action, the way out lies in establishing an independent procedural appeals mechanism. In setting up this mechanism, the relationship with the factual appeal must be properly handled. The procedural appeal procedure should be set up scientifically according to the characteristics of procedural appeals.