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撤销原判、发回重审制度的积弊在司法实践中不断暴露出来,可以说这一制度虽然在保障二审法院对一审法院的审判监督方面起到了一定的积极作用,但不容回避的是由于制度本身设计的不够合理,已经导致了越来越多司法实践的困惑,本文从分析我国三大诉讼法的相关规定出发,在分析了现行发回重申制度缺陷的基础上,对完善这一制度进行了一些立法思考。
The drawbacks of withdrawing the original judgment and sending it back to the retrial system continue to be exposed in the judicial practice. Although this system has played a certain positive role in guaranteeing the trial court supervision of the court of second instance, the system can not be evaded because of the system itself The unreasonable design has led to the confusion of more and more judicial practice. Based on the analysis of the relevant provisions of the three major procedural laws in our country and based on the analysis of the defects of the current system of sending back and reaffirming, Some legislative thinking.