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我国现行的审级制度是两审终审制。但随着司法实践的不断发展,二审终审制越来越显得其先天不足。一是不利于纠正一审的错误判决。二是不利于贯彻“公民在法律面前一律平等”的原则,影响法律的统一性、权威性和严肃性。三是一审、二审法院审理职责和审理范围无区分,导致重复审理;上下级法院之间关系在事实上行政化,导致二审流于形式;一些经过二审仍有错误的案件却无法通过普通程序得到纠正。
The current trial-level system in our country is the second-instance trial system. However, with the continuous development of judicial practice, the second instance trial and approval system appears to be more and more inadequate. One is not conducive to correcting the wrong verdict of the first instance. Second, it is not conducive to implementing the principle that “all citizens are equal before the law,” which affects the unity, authority and seriousness of the law. Third, the court of first instance and the court of second instance have no distinction between the trial duties and the scope of the trial, resulting in repeated trials. The relationship between the upper and lower courts is in fact administrative, resulting in the second instance being mere formality. Some cases still erroneous after the second instance can not be obtained through ordinary procedures correct.