An Empirical Study On Hearing Procedure Of Arrest Review System

Arrest,as the most severe criminal coercive measures,is aimed to ensure the smooth progress of the criminal lawsuit,referring to the right of personal liberty of the suspects.The Criminal Procedure Law of China stipulates that arrest must meet three conditions,namely the proof condition,the penalty condition and the social risk condition.In order to correctly exercise the right of arrest,grasp these conditions accurately,especially the social risk condition,strengthen judicial transparency and establish litigation-related due process,many local prosecutor agencies have implemented the tentative rules for the hearing procedure of arrest review system,gradually forming the litigation of the pretrial procedure by the local innovate reform.However,the local rules vary from place to place and each has its own merits and improvements.By making a survey study on the local rules in five jurisdictions including Province J,City S,District J in City C,District P in City Z and County Q in City B,the author hope to improve this innovative procedure and promote it to more areas and criminal fields,so as to promote the civilization process in criminal justice.By analyzing the current achievements,existing shortcomings and other aspects of the hearing procedure of arrest review system,this paper explores the multiple values of this procedure and puts forward some suggestions on how to improve the procedure and establish supporting measures.Apart from introduction and conclusion,this paper includes 5 parts,as follows.The first part introduces the basic information of the samples and research methods,such as text study,questionnaire survey,practical study,interviews and so on.The main research objects are prosecutors,lawyers and social public.The second part is a detailed introduction to the local rules of the hearing procedure of arrest review system.The author deconstructs the local rules into six part including the name of the text,the initiation of the procedure,the scope of the applicable cases,the participants and so on.Besides,the author introduces two cases,namely,Mr.Zhang's robbery and Mr.Wang's snatch crime.The third part are the achievements of the hearing procedure of arrest review system.Practice has prove that,first of all,the procedure is able to achieve the effect of enhancing the judicial credibility by deepening the transparency of prosecutorial affairs and improving the acceptance of arrest decisions;secondly,different from the traditional procedure,the hearing one realizes the judicialization transformation of the arrest review system;thirdly,the hearing procedure strengthens the protection of the rights of suspects;fourth,introducing the hearing into the arrest review system made the decision-making information more comprehensive.The fourth is the problems of the procedure and the reasons for these problems.Firstly,the prosecutors have conflicting attitudes towards the hearing.,considering the procedure is a waste of time.Additionally,there are still some problems such as the conservative type of hearing cases,the single mode of initiation,the rare presence of criminal suspects and so on.The main reasons for these problems are the deviations in the functional orientation of the hearing procedure of the prosecutor agencies,the lack of matching mechanism and the the thinking mode developed in the traditional procedure.The fifth part conceives the improvement of the hearing procedure of arrest review system.The basic requirements of the procedure are to carry out the spirit of due process,to fully obtain the information of all parties through the method of hearing,to accurately implement the arrest conditions and to increase the judicial credibility by promoting the judicialization transformation.The principals of the procedure should include the limited principal of openness,participation principle,the effective defense principle and the objectivity principal.The rules of the procedure should include the scope of application,the initiation,the participants,etc.As well,some supporting reforms should be carried out.The old thinking mode of prosecutors need to be changed,and their awareness of the hearing need to be enhanced.At the same time,to ensure the sound operation of the procedure,the assessment could be used and the hearing council members should be established and expanded.