The standard of remanding for a new trial for the reason of " fact being not clear and evidence being not enough " clearly reveals this tendency . the procedure is not endowed with its deserved value and the subjective role of the parties is also neglected 四是重实体轻程思以可能影响案件实体判决作为发回重审的标准，明显有重实体、轻程序之嫌，没有体现程序应有的价值，同时忽视了当事人的程序主体地位。
