Study On The Hearing System In Civil Procedure

The core of the hearing procedure is to listen to the views of interested parties,especially before making a decision that is not in favor of the interested party.In general,the application of the hearing procedure is in the legislative procedures and administrative areas rather than the judicial field.However,with the optimization of the mode of operation of the judicial power,the hearing has become an important issue in the operation of judicial power and the hot spots of public concern.In sharp contrast,the litigation procedure is much more administrative in our country,especially in the pre-trial and post-trial stage.I advocate that we should construct a hearing procedure in the review of arrest,the review of prosecution,sentencing,enforcement changes,retrial complaints and other procedures that lack of confrontation.The hearing helps to make up the deficiency of the criminal procedure.In addition to the introduction and conclusion,this article contains five parts:The first part is an overview of the hearing procedure and the criminal procedure hearing system.It mainly introduces the historical evolution and legal basis of hearing and the concept,characteristics and the classification of criminal procedure hearing.Hearing is originated from the concept of “natural justice” in Anglo American law system.It is the activities that the judicial organs listen to opinions from different parties before making a decision and hearing is attached,selective,open and quasi-judicial.The second part is about the situation of hearing in our country.There is no provision about hearing in the law besides several judicial interpretations.However,the scope of application of hearing has been expanded and hearing has played an important role in the non-prosecution,sentencing,retrial,enforcement and other procedures.The third part analyzes the necessity and feasibility of introducing the hearing into the criminal law field in our country.The introduction of the hearing system in criminal proceedings conforms to the requirements of comprehensively promoting the rule of law,the actionable of procuratorial power and the requirements of judicial disclosure.And the hearing helps to resolve the party’s resistance to the judicial decisions.The principle of criminal procedure in our country provides theoretical support for the hearing,and attempts in judicial practice have created the conditions for the hearing.The fourth part focused on the hearing system in other countries.Compared with the development of hearing system in our country,the related regulations in other countries are more completed,especially in the regulations about judicial review and sentencing process.In order to find out some good idea about how to build hearing procedure in our country,this part analyses the subjects of hearing,how to start a hearing,the preparation of hearing,the specific process and the relief measures.The fifth part is about the construction of hearing procedure in China,including the basic structure and the specific process of hearing procedure.The basic structure includes the role and function positioning,basic principles and ideas,the scope of application,the subject,the effect of hearing results and so on.As for the specific process,it analyses the haring procedure of review arrested,the prosecution,sentencing procedures,the execution and the retrial.