Research On The Right To Be Heard

The right to be heard in this process is an important part of the fundamental right toconstitutional rights, the right to be heard with respect for the basic requirements of a StateConstitution. In recent years, China’s judicial credibility is not high, which is one importantreason is that the right to be heard is not sufficient to protect the parties, Thus, in the processof China’s rule of law, strengthening the right to be heard in a civil action to protect the parties,is particularly important.Means the right to be heard in court in a civil action against the parties rights andobligations and responsibilities when the referee on the facts, evidence, applicable law andother issues, has asked for its fully express their views, advocated the opportunity to make itsfull impact can participate in the rights of the courts to resolve disputes activities. Right to beheard is a fundamental procedural rights enjoyed by the parties, the program highlights thedominant position of the parties. It includes the right to receive notice of, attend the right tomake statements (including the debate right), the right to prove that the right to request theright to prohibit the raid of the referee, comments and other aspects of the right to berespected, reflects the respect for human dignity, the rule of law, justice concept. UK, USA,Germany and Taiwan area, China claims made about hearing a more detailed description, pleaseright to be heard widely regarded as the law of civilized society, China has not yet adequateattention, in fact, our country should be given as soon as possible and improve relevantsystems of to be protected.Chinese "constitution" right to be heard does not specify that some system of civillitigation involving part of the legislative right to be heard, but not the system requirementsare not comprehensive. Specific system is also designed to be imperfect, If "served hard"evidence exchange system, the burden of proof limit system requirement is unreasonablejudge’s interpretation, the issue of evidence disclosure obligations under the terms ofincomplete so. According to China’s current judicial situation, we should be on the right to beheard clearly defined, and the right to be heard to perfect the system of protection. Advance security is to improve the existing service system in China, the loss of evidence right systemto improve and strengthen the obligation of judges Interpretation further disclosure ofevidence the judge and other related systems; Later that perfect right to be heard to protect ourcivil remedies procedures, such as the violation of any right to be heard as one of the elementsof the subject retrial, while drawing on the provisions of Germany proposed the idea to builda hearing objections system.