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法院内审制度是指上级人民法院为了规范贪污贿赂等职务犯罪案件的量刑标准,妥善处理社会影响较大案件、疑难复杂案件,在此类案件由基层法院一审开庭审理之后判决之前,要求基层院将案件报中级人民法院或高级人民法院进行内审程序的制度。法院的这种做法在一定范围内为保证该类案件的统一适用法律,及时消除社会影响,化解社会矛盾起到了一定的积极作用,但同时其负面影响也显而易见,不仅造成了严重的司法资源浪费,也侵害了诉讼参与人的合法权利,且有干扰、影响基层法院独立审判和违反程序法之嫌。
Court internal audit system refers to the higher people’s court in order to regulate corruption and bribery and other job-related crimes sentencing standards, properly handle the social impact of large cases, complex and difficult cases, before such cases by the grass-roots court trial after the first instance hearing, The case will be reported to Intermediate People’s Court or Higher People’s Court for the procedure of internal audit. To a certain extent, this kind of practice by the court has played a certain positive role in ensuring the uniform application of laws in such cases, eliminating social influences in a timely manner and resolving social conflicts. At the same time, its negative impact is obvious. This not only caused serious waste of judicial resources It also infringed on the legal rights of litigants and interfered with them and affected the independent judgments of grassroots courts and the violation of procedural laws.