Research On The Procedures Of Internal Trial Cases In The Relationship Between Lower And Upper Courts

The system of internal audit in the relationship between the higher and lower courts is an informal system generated in the judicial practice of our country.The informal system is the "hidden but real relationship" in the judicial field.Its normalized operation has a profound influence on the operation of the judicial power,which embodies the "other side of the judicial process",the internal audit system in practice is formulated from China's history and social reality of the inherent needs.China's transitional period not only has its own characteristics of historical social conditions,but also has its own institutional characteristics,and the very representative and characteristic of internal audit system embodies the conflict and integration of foreign knowledge and local resources.The study of this practice system is both helpful to understand the social factors beyond the formal judicial process and to help explain some of the particular social relations in the transitional period.The internal audit system affects the operation of the four-level court system in China,and also affects the justice of the whole society.When we evaluate the internal audit system,we cannot simply deny it only on the basis of the western context,but also need to analyzeit in the the local context and the transitional judicial environment.Especially in the process of a new round of judicial reform,the internal system that actually affects the judicial trial must be rationally analyzed to realize the real effect of the judicial system.Based on the judicial practice,this paper tries to show the complete operation of the internal audit system,summarizes its concept and procedure,analyzes the profound causes of its existence and analyzes the relationship between the higher and lower courts.