The judges should act in the spirit of passiveness, neutrality and justice so that the procedure of second instance can not only guarantee personal rights but also realize the goal of legislation on procedure of second instance. 裁判要科学合理,贯彻司法消极、中立、公正的精神,使二审程序能充分保障公民个人的权益,实现立法设置二审程序的目的。
This instance of legislation, however, goes against the reform goal of promoting court hearing efficiency, removing the judge's settlement of a lawsuit in advance, and achieving fair, open, and just court hearing. 但我国目前的这种立法体例又与我们要求提高庭审效率,排除法官预断,实现公平、公正、公开的庭审改革目标相违背。
So far, asto the general duty to rescue it has formed two distinct instance of legislation worldwide. 至此,在世界范围内围绕救助问题形成了两种截然不同的立法例。
In this paper, the procedural problems in second instance on death penalty cases at different stages of litigation are classified, and the lack of legislation programs in it are also summarized correspondingly. 对在死刑第二审阶段发现的程序问题按其所处的诉讼阶段不同进行了分类,并对死刑第二审程序的立法缺失进行了相应的归纳。