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二审民事案件应当开庭审理已经被《民事诉讼法》所明确,但刑事二审案件书面审理一直饱受争议。法院依法享有开庭决定权,向来为理论界所诟病,当事人通常将不开庭审理与法官的责任心差、法官业务水平低、上下级法院通气等联系起来。本文针对当前刑事司法实务方面开庭率低的问题,分析原因并提出解决当前问题的路径。
The second instance civil case should be heard in court has been “Civil Procedure Law” clearly, but the criminal trial of second instance has been controversial. The courts have always enjoyed the power of courtroom adjudication, which has always been criticized by theorists. The parties usually associate the trial of non-trial with the discrepancies of the judges, the low level of the judges and the ventilation of the lower courts. This article aims at the current problem of low court sitting in criminal justice practice, analyzes the reasons and puts forward the way to solve the current problems.