The Study Of The System Of Instruction Upon Request In China

System of instruction upon request is the judicial practice is widely used in a trials system is complex and difficult cases lower courts deal with "security model." However, as the case referrals system in our country legally and not clearly defined, and its generation and judicial practice in reality the specific operation mode are not very reasonable. Case referrals to the system virtual home of the proceedings, the impact of the legal principles and undermine the rights of parties to legal proceedings, to the judicial practice had a negative impact. Therefore, in theory and practice is advocated reform of this system. But as the trial of a self-generated system。The production also has deep historical and realistic basis, case referrals to the system in practice to play a significant role, this role even beyond the legal requirements of "due process" role, which had to be in the system we attention, not simply to reform. Consult on the case through the system of instruction upon request, we found this system very Chinese characteristics, are not found in any other country with the same system. However, as a function of the system, the system of instruction upon request in practice the functions related to systems abroad have also been reflected. Is precisely this "difference with" aroused the author's interest, and thus the system was studied.This article based on reality, a theoretical and empirical research method of combining data analysis, study of the system. Generated in the back of the system based on the historical roots of the system more comprehensive analysis and case referrals to the system through composition analysis, to understand the system in practice the specific operational procedures. In addition, the author of the specific reasons for that regime was of that case referrals to the formation of the system in practice are many reasons, both legal reasons there are other reasons. The author based on practical,objective of this system's role in practice a comprehensive analysis, not only pointed out the positive role to play in this system, but also the negative effect of this system to analyze. On this basis, the author also focuses on the reform of the system advocated in the present circumstances, to retain and modify the practice of the system than the complete abolition of the system more rational and realistic approach, and, combined with his own theory of accumulation of materials and hands, put forward some reasonable reform measures from that.