提审是司法系统中上级法院对下级法院管辖或者审结的案件主动提起进行审判的机制,极典型地演绎着法院审判业务上一种中国式的上下级关系。中国语境下支撑提审制的理论及基础主要是司法系统的层级结构、上级法院的权威与正确性、整体把关的司法职责、实体真实观与示范效应、谨慎与效率的司法观。由于内在机理的缺陷及实践运行中消极因素的干扰,提审制带来负面效应,导致司法的非正常运作,影响当事人程序权益及司法独立与权威。现行提审制运行呈现一些倾向,合理性与弊病共存,实践效果欠佳,然而整体制度环境与价值基础没有发生大幅变迁的现阶段,其被废除可能性不大,但亟待被完善。而且,长远来看,该制度面临直接触及合法性基础的挑战,病理及危害远远超过存在的益处,其未来走向应当是被废除,并应借此重构我国尊重司法规律的制度化的法院审判业务关系。 Proceedings are the mechanisms by which the higher courts in the judicial system take the initiative to bring cases under the jurisdiction of the lower courts or adjudicate cases. They are extremely typical interpretations of a Chinese-style superior and inferior relations in court adjudication. The theory and foundation of the system of trial and adjudication in Chinese context are mainly the hierarchy of the judicial system, the authority and correctness of the higher courts, the judiciary duties of the overall control, the truth and demonstration effect of the entity, and the judicatory concept of prudence and efficiency. Due to the defects of internal mechanism and the interference of negative factors in practice, the trial system has a negative effect, leading to the abnormal operation of the judiciary, affecting the procedural rights and interests of the parties and the judicial independence and authority. The current system of trial and juridical system shows some tendencies. The coexistence of rationality and malpractice has not achieved satisfactory results. However, at this stage of the overall institutional environment and value base, it is unlikely that it will be abolished, but it is in urgent need of improvement. Moreover, in the long run, the system faces the challenge of directly reaching the basis of legitimacy. The pathology and harm far outweigh the benefits of existence. The future course of the system should be abolished and the institutionalized court of our country, which respects the law of justice, should be rebuilt accordingly Trial business relationship.