日前,全国刑事诉讼法年会举行,会议主题是2013年1月1日起开始施行的新刑诉法实施问题。一些学者把目光集中到了目前影响我国刑事法治发展的某些司法潜规则上。比如,“人民法院依法独立行使审判权”是宪法确立的司法原则,不仅是指法院在案件审理中必须独立于行政机关、社会团体等,不受其影响和干涉。而且,还应当是上下级法院在案件裁判时,必须保持相对的独立自主和依法裁判的权力。上下级法院之间,不是领导与被领导的行政隶属关系,上级法院对所辖区域内的下级法院是一种业务指导和案件质量的监督关系,它必须通过对一审案件上诉审或者对已 Recently, the National Criminal Procedure Law will be held at the annual meeting and the theme of the conference will be the implementation of the new law on criminal procedure which will come into effect on January 1, 2013. Some scholars have focused their attention on some unspoken rules that currently affect the development of criminal law in our country. For example, “the people’s court independently exercises its judicial power according to law” is the judicial principle established by the Constitution. It not only means that the court must be independent and independent of administrative organs, social organizations, etc. in the trial of the case, and should not be affected or interfered with by the court. Moreover, it should also be the upper and lower courts in the case of referee, we must maintain the relative autonomy and the power to rule by law. The relationship between superior and lower courts is not the administrative affiliation between leadership and being led. The higher courts have a supervisory relationship with the lower courts within their jurisdiction over the quality of the case and the case.