An Empirical Study Of The Hearing System For Examining Arrest

After the revision of the criminal procedure law in 2012,based on the basic concept of human rights protection,the part of compulsory measures has been further improved.Such as expanding the scope of obtaining guarantor pending trial,improving the application con-ditions of arrest,improving the procuratorate’s examination and arrest approval procedures,increasing the necessity of custody review and strengthening the three organs in the compulsory measures after the expiration of the discharge or change of obligations.Yet linear structure of review of arrest procedures in our country still has not changed,still keep the consistent to the books review of single mode,during the review of the evidence for verification only prosecutors,prosecutors to investigators to suspect the representations of the two models,the review of arrest procedures lack of judicial review of the core problems still exist.However,the review of the right to arrest is always a judicial power,to correct the mismatch between the nature of power and the exercise of power,to improve the pretrial detention and the unreasonable phenomenon,it is necessary to review the arrest process of the reform of litigation,so as to restore the appearance of judicial power.The pattern of the two parties in the review is changed to the tripartite construction mode which is called the judicial review system of pretrial detention outside the region.As early as in June 2013,China’s top procuratorate proposed at the fourth investigation and supervision conference of the national procuratorial organs that it should further promote the reform of investigation and supervision and explore ways of public examination of cases.Since 2014,the gao investigation and investigation office began to investigate and guide all regions to start exploring.In judicial practice,in fact,the practice is the pretrial custody of the procuratorial review.In order to improve the deviation of the nature of the examination and arrest procedure in China,the procuratorate has also carried out some explorations in practice,transforming the examination and arrest procedure into a litigation-oriented one.Various regions have carried out reforms with different names but the same nature and purpose of the procedure,such as the hearing system examination and the hearing type examination.It is in this context that this paper takes the empirical research on the hearing system of the examination of arrest as the topic of the paper and carries out the research.This paper consists of four parts,about thirty thousand words.The first part introduces the empirical investigation of the sample district procuratorate.City Y in Z province,city Z in G province and city C in N province people’s procuratorate of investigation and study,introduce a review and analysis of three’s procuratorate arrest hearing pilot status,from the application scope,the participation main body,startup mode,the review process and content,and ultimately played a few Angle compared the three city attorney within the pilot files of different and the difference of judicial practice operation.The second part,based on real cases and collected data,summarizes the practical effects brought about by the examination and arrest hearing system,that is,to effectively reduce the high pre-trial arrest rate,enhance the acceptability of arrest or non-arrest cases,and ensure the quality of arrest,which is the intuitive effect brought by the reform pilot.The third part of this paper analyzes and explains in detail the difficulties and reasons that the pilot procuratorate encountered in practice.The empirical.The author finds that there are six problems as follows: first,the scope of the hearing procedure is not reasonable;Secondly,the way of hearing initiation is arbitrary.Thirdly,it is difficult for the procedural participants to play their due role.Fourth,excessive process publicity causes process alienation;Fifth,the examination content has the limitation;Sixth,the effectiveness of the hearing procedure is uncertain.These unsatisfactory effects increase the difficulty of the pilot reform in practice and also restrict the further promotion of the hearing procedure.The fourth part is based on the analysis of the problems in the process of the pilot,and puts forward Suggestions for further reform of the hearing system.The author thinks that in order to improve the effectiveness and universality of the hearing procedure,it is necessary to delimit the scope of application of the appropriate hearing system.Both the prosecutor and the suspect are given the power to initiate the procedure in the initiation mode;In addition,the effective defense of lawyers’ rights in the hearing procedure should be expanded,and the unary subject should be held responsible for the hearing,so as to ensure the absolute right of speech of the contractors in the handling of cases.Limiting the degree of openness of the hearing procedures;To expand the contents of the examination of hearing procedures;The certainty that guarantees the effectiveness of a program.