我国法院在具体案件上适用法律的请示与批复的理性思考

Rational Thinking on Requesting Instructions and Reply on Concrete Cases of Our Country's Court

请示与批复的存在有其背景条件及其现实作用,但却不具有合宪性基础。要解决该法律的悖论,必须改革我国的司法制度,使我国的法律构架统一、系统。

There are their backgrounds and realistic functions with existences of requesting instructions and reply, which does not have the constitution quality. Therefore, the judicial system must be reformed to solve the paradox of it, making the unify and systematic law framework of our country.