赋予废弃判决拘束力,目的在于保护当事人及维护诉讼经济,此种拘束力系民事诉讼法为发回判决所特别规定。废弃判决之拘束力的客观范围限于否定原审判决且与撤销原判决有直接因果关系的法律见解及该法律见解的必要前提条件。重审法院及作出发回判决的法院均应受此拘束。在我国,发回裁定并不具有拘束上下级法院的效力,显有必要予以改进。 Endowing objections to obsolescence is intended to protect parties and preserve the economy of litigation, which is the special provision of the Code of Civil Procedure for the return of judgments. The objectivity of the objection of the objection is limited to the legal presuppositions of the negative causation of the trial of first instance and of the direct causal relationship with the original judgment of revocation and of the legal opinion. The Court of Review and the court that sent the judgment must be bound. In our country, sending back the ruling does not have the effect of binding the lower and upper courts, and it is obviously necessary to make improvements.