Case Quality Review as a regular and important function of the people's court's trial management，Factation of specific cases from the micro level、Evaluation of specific issues in the application of law and the application of procedures。The results of the evaluation are usually included in the judge's annual trial performance assessment，As a judicial performance evaluation、Judge level promotion、The main indicators of judicial ability evaluation。From this，Case quality evaluation has become an evaluation mechanism that reflects the ability of judges。

Practice of the quality evaluation of case cases，can be traced back to the 1980s。The then President of the Supreme People's Court, Zheng Tianxiang, made in the work report made at the first meeting of the 7th National People's Congress，The Supreme People's Court dispatched one -third of the judges every year，Check the quality of the case through the method of "dissecting the sparrow"，Supervise the trial work of the lower courts。Enter the 1990s，More and more courts have begun to explore and establish a comprehensive case evaluation mechanism，The results of the review are linked to the judge's performance。Later，With the establishment of a trial management office in the national court，The quality of the case is incorporated into the central work of the trial management，officially entered my country's judicial system，Become an important mechanism for the people's court to guarantee and even improve the quality of trial。

In recent years，Reform of the reform orientation of "scientificization of trial management"，Number Bet365 app download management is widely used in the court。From tattoo data to test data，Then to the new big data，Judicial Reform's reliance on digital management continues to increase。2008，The Supreme People's Court issued the "Guiding Opinions on Carrying out the Quality Evaluation of Cases (Trial)" (Law [2008] No. 6)，officially launched the "Case Quality Evaluation Index System"。The same year，The Supreme People's Court issued the "Notice on the Trial Work of the People's Court Case Quality Evaluation Trial Work" (Law [2008] No. 4)，Determine 11 senior people's courts as pilot courts。2011，The Supreme People's Court officially issued the "Guiding Opinions on the Evaluation of Cases" (Law [2011] No. 55)，Amend the "Case Quality Evaluation System" determined in 2008，Finally established a first -level indicator of the quality assessment of the case、3 second -level indicators and 31 three -level indicators。From this，Court case quality management quickly moves towards comprehensive indicator quantification。For example，The calculation formula for measuring the quality of the first instance judgment is: 0.4 × (the number of judgments for the judgment of the appeal case/the number of judgments for the first trial)+0.6 × (the number of rejuvenation of the re -review of the appeal case/the number of first -instance judgments)，That is to appeal after the first trial judgment (protest)，The court of the second instance was tried that the original judgment was renamed or returned to retrial in violation of the law.，You can determine the quality of the original trial case。The higher the judgment and the re -review rate of the judgment of the first instance, the higher the re -review rate，Explain that the worse the quality of the trial of the first instance case。

Direct consequences brought about by the quality management orientation of the number formula is that the phenomenon bet365 best casino games of the case request for the case is repeatedly banned，and thus promoted the administration of justice。The case of the case requests the system that violates the principles of public trial，It may be deprived of the right to appeal in the substantive sense，Drive the Judgment Power Independent Exercise。For this，The Supreme People's Court issued the "Several Opinions on Regulating the Jury Business Relations of the Supreme and Suddenly People's Court" (Fa Fa [2010] No. 61)，Emphasizing the people's courts at all levels to independently exercise the trial rights in accordance with the law。Since then，Written pleases gradually exit the stage of history，But oral instructions have not been eliminated at all，When the lower court encounters a problem with the law,，Will abandon the right to legal interpretation consciously or unconsciously，and transfer it to the higher court，and the superior court in the usual "request" atmosphere，It has gradually recognized and even nostalgic for "legal interpretation of power"，From the perspective of the superior court，"Being request" itself is the respect of the right to interpret it it has，to generate the willingness to "instructions" for the lower courts，Over time，Cases ask for instructions to become a "hidden rule" between the courts and lower courts，Then lead to alienation of the exercise of trial rights。Results，Under the context of "judicial administration" continuously strengthened，Case quality evaluation also gradually loses objective evaluation standards，increasingly evolved into an unwilling digital game。

But we are glad to see，A new round of judicial reform since 2013，It will exercise judgment rights independently and fairly according to law、Improve the operating mechanism of judicial power as the central task，The Supreme People's Court "Several Opinions on Improve the bet365 best casino games People's Court's Judicial Responsibility System" (Fa Fa [2015] No. 13) proposed，"Based on a clear trial organization authority and responsibilities of judges，Based on an effective trial management and supervision system as a guarantee，Let the trial referee、The referee is responsible for，Ensure that the people's court exercises the right to judge independence and fairness in accordance with the law "。Core propositions with "exercise independence of judgment rights"，"Devitary" and "de -localization" have become an important task of judicial reform in this round of judicial reform。

The quality of the case is two -way review，It is the innovative exploration that appears in the above background。The lower courts will send back to the higher court back for review、Cases of re -judgment and instruction retrial，Make a quality evaluation after the case is concluded，If the lower court issued a review of the higher court、Reasons and legal basis for re -trial and retrial of instructions，You can ask the higher court to conduct a quality evaluation of the case made by the court，After discussing the decision by the judgment committee of the higher court，The results of the case quality evaluation of the case reply in writing to the Incident Court。As a new model and new mechanism that is being actively piloted by the local court，The quality of the case quality of the case breaks through the administrative characteristics inherent in the quality assessment system of the traditional case，Allows the lower courts to raise objections to the referee made by the higher court，and from this to launch a compulsory evaluation of the higher court on its own referee cases。2018，J Provincial Senior People's Court promoted the province's courts to develop back review、Differential judgment and instruction retrial cases for two -way review work，Cases of the investigated cases were established.，and completed the case bet365 Play online games of re -judgment cases in the first quarter of 2017 and 2018 before June 30, 2018、Review of the instruction retrial case。This working mechanism has continued to this day，For the unity of maintaining the application of law，Improving the credibility of judicial judicialness has played a significant role。

The institutional significance and practical value of the two -way review of the case of the case，Concentrated reflected in its significant characteristics of review and checks and balances。my country's review system implements the final trial system for the two trials，Not distinguished from facts and legal trials，higher courts and lower courts are supervision and supervision relationships，The case ended after the trial and judgment of the two -level courts。The judgment that has taken effect is indeed wrong，Can only be corrected through the trial supervision procedure。Implement the final trial system for the two trials to facilitate the parties' litigation、Reduce the burden of parties' litigation，It helps to promote the guidance and supervision of the trial business of the Supreme Court and the High Court。The possible problems it brings can be corrected with the help of the trial supervision procedure。"Final Anti -Trial System+Trial Supervision Procedure" helps to achieve the goal of judicial policy、Strengthen the government's external control of judicial procedures、Create a large -scale political effect，Therefore, the heavy weight of the decision maker。

But it is not difficult to find，Behind the final trial system，There is a certainly institutional assumption，that is, the higher -level court has a power advantage over the lower court，The judge of the higher court has an intelligent advantage than the judge of the lower court。Otherwise，The final trial system of the two trials cannot form a logical and institutional bet365 best casino games self -confidence，Under the premise of not distinguishing the facts and legal trials，Article 10 of the Court Organization Law stipulated in the "trial work of the superior people's court supervision of the lower -level people's courts" without the facts of the facts。Although，From the perspective of long -term litigation and judicial practice in my country，People are accustomed to one -way supervision on the final system of the two trials，But the two -way constraints of the superior courts based on respecting the laws of justice，It is always the inherent requirements of the general principle of general trial system，The court's trial power and the professional ability of the judge should not be the difference between the high and disadvantages of the judgment level。

The "appeal system" represented by the United Kingdom and the United States，The "Revisibility System" represented by the meaning of law，Or "more trial" represented by German Olympics，I chose the final trial system in the third trial，separation of factual review from legal trial，To form a division of labor and restraint of different trial courts。Under the architecture of the final review system of the third instance，In fact, a third party with a neutral position is set up，Be able to make independent judgments on the opinions of the referee that has been formed，It also provides the parties with more adequate program guarantee and procedure relief。But from the actual situation of our country，When this round of judicial reform has brought frequent and significant changes to the court，Change the basic litigation system in a short time，Change the final review of the two trials，The hidden system you want to pay is inestimable。At this time，Some from bottom to top、Institutional innovation of small incision，It has a significant institutional Bet365 app download cost advantage。The quality of the case quality of the case is trying to use a tiny incision，Improve the existing working mode of the quality evaluation of the case，indirect and gradually promoting the "de -administrativeization" between superior courts，It is expected to become a vivid footnote for this round of judicial reform。

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