上提一级改革所取得的成效值得肯定,但其制度本身及实践中存在的问题同样不容忽视,概括起来,主要在以下三个方面:下级人民检察院报批的运作方式、上级人民检察院的角色及审查方式以及改革以后犯罪嫌疑人权利救济状况。此外,改革之后,潜存于实践中的“潜规则”问题仍然无法消解。毫无疑问,这些问题的存在削弱甚至颠覆了改革的原初意旨,亟待从理论和制度上作出回应和解决。 The effectiveness of the reform proposed at the first level is worthy of recognition. However, the problems in the system itself and in practice can not be ignored. In summary, the following three aspects are mainly about the mode of operation submitted and approved by the lower people’s procuratorate, the role of the people’s procuratorate at a higher level, The way of examination and the remedy of suspects’ rights after the reform. In addition, after the reform, the “unspoken rules” hidden in practice still can not be solved. Undoubtedly, the existence of these problems has weakened and even subverted the original intention of the reform, which urgently needs to be answered and resolved theoretically and systematically.