现实审判活动中出现了“终审不终”等一些难以处理的问题,部分学者提出以三审终审制取代两审终审制度,试图以此来解决现实审判中所面临的问题。但三审终审制度同样有其不足且较两审终审制而言其缺陷更为明显,审判过程中出现这样的状况,其根本原因是人为因素的影响,而并非全因我国终审制度设置上的不足。 Some trial-and-error activities such as “final trial is not ” and some other difficult to deal with problems, some scholars put forward by the third instance final trial system to replace the trial system of two trials in an attempt to solve the problems facing reality trial. However, the system of final adjudication in the third instance also has its own shortcomings and the defects are more obvious than that of the second instance. In the process of trial, such a situation appears. The fundamental reason is the influence of human factors, but not due to the setting of the final adjudication system in our country insufficient.