在权利保障与救济、法院职能分层设置及程序安定等众多理论基础的支持下,刑事三审制不仅具有建立的必要性也同时具有现实的可行性。在重构三审制时,应重新界定与配置各审级法院尤其是最高法院的司法功能和司法管辖权的行使范围。 With the support and protection of rights, the hierarchical arrangement of court functions and the stability of procedures, and many other theoretical foundations, the criminal third instance system not only has the necessity of establishment but also has the realistic feasibility. In reconstructing the third trial system, the scope of exercise of the judicial function and jurisdiction of the trial courts, especially the Supreme Court, should be redefined and configured.