Study On The Hearing Procedure Of Examination Of Criminal Arrest

The review of arrests as an important legal function of the procedure of examination of criminal arrest is aimed at ensuring the smooth conduct of criminal proceedings.However,for a long time,the review of the arrest procedure has experienced problems such as functional alienation,closure and administration.This has led to the abundance of improper arrests and false arrests in practice,and even some false and wrongful cases have emerged.In recent years,the Criminal Procedure Law has been amended to adjust Procedure of Examination of Criminal Arrest,and to increase the requirements for interrogating criminal suspects,listening to defense lawyers,and reviewing the factors that should be included in the harm of society.However,the operation in judicial practice is still not satisfactory.Based on this,constructing the hearing procedure of examination of criminal arrest is an inevitable choice to realize the value of the review arrest procedure,that is,the hearing procedure of examination of criminal arrest is in the middle of the referee,and the hearing is conducted in a hearing manner,so that the criminal suspect,the defense lawyer,the investigator,the victim,etc.are beneficial to the case.The people involved in the relationship are fully involved and present their opinions.The review of the arrest hearing procedure is in line with China's judicial status and international legislative trends,and it is of great significance to play a procedural value,ensure the smooth conduct of criminal litigation activities,and achieve fairness and justice.In addition to the introduction and conclusion,the full text contains four parts.The first part is an overview of the review of the hearing procedure of examination of criminal arrest.On the basis of the definitions of other scholars,the review of the hearing procedure of examination of criminal arrest can be defined as: in the review and arrest stage,Prosecutor will listen to the opinions of the litigants and make the final decision on the disputes.The hearing originated in the judicial field and is now widely used in the administrative field.In order to solve the problems in the current review of the arrest procedure,scholars have proposed to introduce hearing procedures.the hearing procedure of examination of criminal arrest is unique in its construction.It must follow four basic principles: the principle of guarantee of litigation rights,the principle of procedural participation,the principle of objective neutrality of prosecutors and the principle of program diversion.The second part is to review the necessity of the construction of the hearing procedure of examination of criminal arrest.In judicial practice,the review of arrest procedures deviates from the purpose of the system,and alienation is the means of investigation and public prosecution.The review of the arrest hearing procedure will bring the derailed system to the right track and return to the original intention of ensuring the smooth conduct of criminal litigation activities.The review of the arrest hearing procedure breaks the previous closed review,but is attended by parties involved in the case.This kind of hearing is conducive to the Prosecutor to fully listen to the opinions of all parties to make decisions,thereby improving the quality of case review.The review of the arrest procedure follows the three-level approval mode at the time of the arrest,which leads to the issue of the indefinite and undecided trial.This kind of administrative model brings problems such as a weak sense of responsibility of procurators and difficulty in guaranteeing the quality of case review.The review and arrest hearing procedure stipulated that the prosecution with the right to arrest personally participated in the hearing,implemented the principle of judicial personal experience,and implemented the judicial responsibility system.During the review of the arrest phase,affected by factors such as unclear legislation and closed procedures,it is difficult for defense lawyers to participate effectively in the review of arrest procedures.This leads to limited help for criminal suspects and may question the unfairness of the procedure.The review of the arrest hearing procedure fully guarantees the participation of the defense lawyers,so that the suspects can receive timely and effective help,and thus accept the final result of the procedure.The current reform of "collecting the lawsuit" may lead to problems such as the weakening of the internal supervision of Prosecutor and the serious tendency of arrest and prosecution.The review of the arrest hearing procedure emphasizes the participation of all parties and the exercise of the criminal suspect's right to defense.It can make up for the problem of insufficient internal supervision of Prosecutor by "collecting the lawsuit," and supervising and prosecuting the procurator in accordance with the law.The third part is to examine the feasibility of the construction of the hearing procedure of examination of criminal arrest.The Criminal Procedure Law,the Lawyers Law and related legal documents provide an institutional basis for reviewing the operation of the arrest hearing procedure.The review of the construction of the arrest hearing procedure is in line with the value objectives to be achieved in the new round of judicial reform,namely,the protection of criminal suspects and other litigants in the criminal litigation activities,and procurator to comprehensively review the case,closed by the past The administrative approval model has been transformed into judicial review;on the other hand,it is also an important part of implementing the prosecutors responsibility system for handling cases.Various procurator have carried out relevant pilot work and issued documents for reference.Its practical exploration provides useful experience in reviewing the construction of the arrest hearing procedure.Hearing judicial review of pretrial detention is a common practice in most countries and regions of the world,such as the United Kingdom,the United States,and France.Its well-established system provides international experience in reviewing the construction of arrest hearing procedures.The fourth part is to review the construction of the hearing procedure of examination of criminal arrest.On the basis of the integration of other scholars' opinions,the scope of the case for reviewing the arrest hearing procedure is mainly defined as five cases including criminal reconciliation,major problems,special subjects,disputes and other cases that are necessary for review.The participants in the program include prosecutors,investigators,criminal suspects and defense lawyers,victims and agents,and other litigation participants.In reviewing the arrest hearing,the procurator will focus on the crimes committed by criminal suspects,the necessity of detention,the legality of investigators' behavior,and other matters that are necessary or controversial.The investigating authorities,criminal suspects and defense lawyers have the right to apply to the procurator to initiate the hearing procedure,and the procurator may initiate it on its own initiative.Depending on the case,the review and arrest hearing procedure is divided into summary procedures and ordinary procedures.The general procedure consists of eight specific steps.The summary procedure can be simplified based on the specific circumstances of the case.The results of the review of the arrest hearing procedure should be an important reference for the procurator to make the final decision.When the criminal suspect and the defense lawyer are dissatisfied with the decision of the procurator to arrest,they may appeal to the procurator at the next higher level.Based on the comprehensive consideration of judicial resources and efficiency,criminal suspects cannot appeal twice.In order to ensure the good operation of the review and arrest hearing procedures,its supporting mechanisms,including the right notification measures,the remote interrogation system and the post-arrest custody necessity review system should be further improved.