| As we know,the arrest is the most severe coercive measures in criminal procedure, once the implement of compulsory measure follows the personal freedom curtailed. Based on th protection the criminal suspect basic human rights,the law granted review arreseted right to procuratorial organ with discretion,as the legal supervision of specific power. To ensure the right to exercise this power,follow the procedures change lawsuit idea,through examination arrested program lawsuit transform gradually realize pretrial procedure, and finally achieve the whole lawsuit with trial of complete docking,is our ultimate purpose of the innovation reform.The author also hopes the arrest of the hearing examining attempts to apply the innovation work form perfectly ,and then spread to more program areas, implementing this fair, open form of normality in litigation activities, and promoting the development of the civilization of legal system culture.This article through investigate shortcomings of current review arrested program, proposed targeted further perfection and then explore the feasible space for hearing procedures of examination arrested. Through the comparative analysis of foreign experience of hearing experience, and investigation domain in different phases of judicial practice of bold attempt, unearthed realistic possibility of hearing procedure as an innovation work mechanism in criminal lawsuit.This article except preface and epilogue outside, is divided into four parts, a total of around 30000 word:The first part introduces hearing procedure of review arrested. The hearing procedure of review arrested is a proceduce like that , procuratorial organs will make the adjudication whether the criminal suspect shall be arrested,with the participation of relevant litigant participate, by taking the way of hearing to arbitrate program.The second part is about the necessity of introducing the hearing procedure of review arrested program.By analysing the present situation of review arrested program, the author points out the prominent existing problems in five aspects: 1. The sources of information unilaterally,2. written review formalized,3. The lack of participation of criminal suspect,4. decision-making closed,5. Ignore review the arrested necessity.Face to so many shortcomings, we need to improve the innovation work form intervention.Hearing procedures of review arrested just as the countermeasures for it. The third part explore the feasibility of hearing procedure of review arrested. Undertake the second part of the present condition analysis, from concept basis and operating base to speculative the feasibility of hearing procedure of review arrested. The consciousness of human rights,acceptability,objective duty concept of procurator and so on,all of these make the ideal base for the hearing procedure of review arrested.At the same time,the foreign experience and hearing testing in judicial practices make the operating base for the procedure.The fourth part explore the construction of the hearing procedures of review arrested.We try to make a litigation structure for tripartite participation.Contraposing the progressive rules of program reform,just use this hearing procedure in two kinds of cases: minors case and complicated cases. Procuratorial organs will make the adjudication whether the criminal suspect shall be arrested,with the participation of relevant litigant participate, by taking the way of hearing to arbitrate program. In this way give suspects full participation in right to express their views, especially through the lawyer intervention enhance the rival force of criminal suspects, prosecutors make the decision approve arrest based on the suggestion of both sides. While at the same time allowing the criminal suspect and the victim to appeal relief to court,forming a mode of "procuratorate control the power with court relief" . At the same time complementary with related reforms, especially pay more attention to the idea of arrest procedures and tlternative measures for arrested.
|
PDF Full Text Request