Empirical Study On The Hearing System Of Arrest In China

Hearing system is originated in the United Kingdom.It's applied in the judicial trial first,and gradually used in administrative,legislative and other fields.In the prosecution phase of the review of the arrest hearing system construction of the review of arrest,the Litigation Reform of examination of arrest procedures,the formation of investigation and debate against the pattern,is conducive to the discovery of truth and legal rights protection of criminal suspects.Nationwide,many places are the implementation of the hearing system of review of arrest,but in practice,there exist many problems,such as lack of clear legal basis and scope of hearing,not a lack of relief procedures are not standardized,etc..This paper summarizes the nationwide typical practices,such as arrested for public review of the case system of S city,arrest hearing system of Nanchong Shunqing District procuratorate,analyzed the existing problems,from a practical perspective to put forward some suggestions for the examination of arrest hearing system.The first chapter is mainly about the basic theory of the hearing procedures of review arrested,tells the origin and development of the hearing system,analysis of China's arrest right belongs to the judicial power,to clarify the concept and function of the hearing system of arrest,then the legal basis about the arrest of the hearing system,including the balance,liberty and security of person public security,justice etc.The second chapter describes the typical practices throughout the review of China's arrest hearing system,including arrested for public review of the case system of S city,procuratorate arrest hearing system of Nanchong Shunqing District,prosecutors arrested public review of the case system of Nanjing City.Specific written S city's arrest case open review system,the use of data analysis of the S City arrest case open review of the operation of the status quo.With a representative case,such as Jianghan District Procuratorate on the case of misappropriation of funds to carry out a review of the arrest hearing,Huangmei County Procuratorate on the light injury case review of the arrest of public hearings,etc.The third chapter summarizes the common features of existing arrest hearing system,such as start-up mode,the participants,the hearing process,seats are basically the same,analyze and review arrest hearing problems within the country,such as the lack of legal basis,legal and social effect is difficult to grasp the balance point,not the same title and procedural operation,different applicable scope of cases.The fourth chapter put forward some suggestions on the examination of arrest hearing system according to the reality of our country,including the examination of arrest hearing should follow the basic principles,the scope of the hearing of the case and the participants of the hearing,the hearing mode and procedure,rights remedy,hearing system supporting measures.You can try to capture the case not included in the absolute hearing range,according to the different arrest case will be hearing patterns as the simple procedure and common procedure,clear review of effectiveness of the hearing procedure to arrest,arrest the relief for the perfection of the party.Supporting the establishment of cooperation with the public security system,improve the working mode of the procuratorial organs,improve legal aid measures,etc.