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民事诉讼发回重审制度是我国上级法院进行审判监督的重要手段和举措,较好地维护法律适用的统一性,彰显我国司法制度体系的公平和正义。它是出于保护当事人的合法权益的需要,强化原审法院的审判职能,并实现上级法院对下级法院的司法监督,充分体现出审判程序中的审级功能。然而,在司法实践之中,民事诉讼案件的发回重审制度的运作还存在诸多问题,降低了司法部门在群众中的权威性和信任度。为此,对其进行研究和探讨,不断完善我国的民事诉讼发回重审制度,更好地维护当事人的合法权益。
The system of sending and retrial of civil lawsuits is an important measure and measure for the trial and supervision of higher courts in our country. It is better to maintain the unity of applicable law and demonstrate the fairness and justice of the judicial system in our country. It is necessary to protect the legitimate rights and interests of the parties, to strengthen the trial function of the court of first instance and to realize the judicial supervision of lower courts by the higher courts and to fully reflect the trial-level functions of the trial. However, in the judicial practice, there are still many problems in the operation of the system of sending back and retrial of civil lawsuits, which reduces the authority and trust of the judiciary in the masses. To this end, research and discussion on it, and constantly improve the system of sending and retrial of civil litigation in our country, to better protect the legitimate rights and interests of the parties concerned.