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程序性上诉是指当事人对初审法院审判前和审判时存在的程序错误不服向上诉法院提起的上诉。程序性上诉制度不仅可以维护实体正义,更体现了程序正义的价值观。我国目前应当重新构建程序性上诉制度:改革两审终审的审级制度,建立法律审的第三审级;建立相对的程序性上诉理由和绝对的程序性上诉理由;完善“发回重审”制度;将程序性上诉的对象扩展至审前阶段的程序错误以及错误的“决定”等。
Procedural appeals refer to appeals filed by the parties to the Court of Appeal against the procedural errors existing before and during the trial of the court of first instance. Procedural appeals system can not only safeguard substantive justice, but also embodies the values of procedural justice. At present, our country should reconstruct the system of procedural appeal: to reform the trial-level trial system of the second instance and establish the third trial stage of the trial of the law; to establish the relative procedural appeal grounds and the absolute procedural appeal grounds; to improve the “ ”System; to extend the subject of procedural appeals to pre-trial procedural errors and wrong“ decisions ”.