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一起刑事案件,历经二审法院三次发回重审,四次判处死刑,被告人被羁押已达9年却仍无结果;一起民事案件,二审法院以事实不清、证据不足为由发回重审,原审法院可以根据同样的证据和事实再次做出完全相同的判决,案件审理已过数年,案件当事人年事已高,能否在有生之年得到判决结果尚无定数,这样的胜诉还有什么意义?在我国的司法实践中,上述案例并不鲜见,不断重审,无限再审已经成为我国司法审判中的一个独特现象。一审完了有二审,二审之后再重审,循环往复,不仅增加了当事人的诉讼成本,更浪费了宝贵的司法资源。对此现象,诉讼当事人、律师、法学专家纷纷认为发回重审制度存在诸多弊端,甚至认为应该废止。该如何看待发回重审制度?如何对发回重审制度进行限制与改革,本刊特别策划以下文章,为司法改革献计献策。
A criminal case, after the court of second instance sent back retrial three times, sentenced to death four times, the defendant has been in custody for up to 9 years but still no result; a civil case, the court of second instance with the facts are not clear, evidence of inadequate back to retrial, the original trial The Court can make the same judgment again on the same evidence and facts. What is the significance of such a victory if the case has been examined for several years, the age of the case parties is already high, and whether the verdict can not be settled in a lifetime? In our country’s judicial practice, the above cases are not uncommon and they are constantly re-examined. The endless retrial has become a unique phenomenon in our judicial trial. After the first instance is completed, the second instance is completed, the second instance is reviewed, and the second instance is repeated. This not only increases litigation costs of litigants but also wastes valuable judicial resources. To this phenomenon, litigants, lawyers and law experts all think there are many drawbacks in sending the retrial system and even think it should be abolished. How to treat the retrial system sent back? How to send back the retrial system to restrict and reform, the magazine especially planning the following article, for the judicial reform offer advice and suggestions.