发回重审制度在我国制定新《民事诉讼法》时予以修改完善,但在司法实践过程中仍然存在一些问题,这在一定程度上损害了当事人的权益,也显现了我国发回重审制度存在的弊端。本文通过阐述发回重审制度在我国司法实践中存在的问题,以期完善我国发回重审制度,更好地保护当事人合法权益。 However, there are still some problems in the process of judicial practice, which damaged the rights and interests of the parties to some extent and also revealed the existence of the system of sending back retrials in our country. Disadvantages. This article elaborates the problems existing in the judicial review of our country by sending back the retrial system with a view to improving our system of sending back the retrial and better protecting the legitimate rights and interests of the parties concerned.