关键词: 程序违法,发回重审,公正审判,审级利益

Abstract: Remand for retrial is one of the means for the court of appeal to correct the error of judgment of the lower court, and its purpose is to guarantee the right to the parties for a fair trial. To construct the rehearing reasons scientificly can help the realization of the function of remand for retrial. When analyzing the theoretical basis for the design of the rehearing reasons, it shoud be known that the only reason for the remand for retrial is the violation of legal procedure by the first trial, and the unclear fact-finding in the trial should not be alone regarded as the retrial reason. The design of retrial reason stipulated in Article 170 of the Civil Procedure Law goes against the legal principle of lawsuit and is short of legitimacy. When designing the reasons for retrial, the serious breach of procedural law and the general breach of procedural law should be distinguished; the former is the absolute reason for remand, while the latter is illegal and become the reason for retrial only when it would affect the judgment and to maintain the trial level system becomes necessary.

Key words: procedural illegality; remand for retrial; fair trial; interest at the trial level