实践中，上级人民法院对同级人民检察院依法提起的下级人民法院已经生效的判决、裁定的抗诉案件，直接开庭的极少，而书面裁定发回重审的高达９０％以上。对抗诉案件，尽管法律规定要“另行组成合议庭”重审，但是由于错案追究制等影响，这种重审往往难以跳出“审判委员会... In practice, the people's court at a higher level directly interviewed a small number of protest cases that the people's procuratorate at the same level legally instituted by the subordinate people's court that took effect, and up to 90% of the written rulings were remanded in written remand. In the case of protest, although the law stipulates that “a separate collegiate bench” should be rehearsed, such retrial is often difficult to jump out of due to the influence of the wrong case investigation ...