曾备受关注的“许霆案”在经历了一审、二审、重审、二审、复核等流程,最后在实体处理上顺应“民意”而宣告结案,不再成为讨论的焦点,而该案的程序处理却始终没有激起讨论的兴趣,因为像这样的审案流程,在我国实在太普遍了。然而,仔细思考就会发现,法院开始二审时即发现该案量刑过重,为何不直接改判,而是发回重审?进一步的问题是,我国采取两审终审制,为何该案却要经 The case of “Xu Ting”, which had drawn much attention, went through the processes of first trial, second trial, retrial, second trial, review and so on. Finally, it was no longer the focus of discussion that the “Xu Ting” The procedural handling of the case has never given rise to any interest in the discussion because the process of trying cases like this is too common in our country. However, careful consideration will reveal that when the court started the second instance, it found that the sentence was overdosed and the sentence was not directly commuted. Instead, it was sent back to the retrial. The further issue is that our country has adopted the second instance court system and why the case goes through