Research On The Examination And Arrest Hearing Procedures Of The Procuratorial Organs

The hearing system is a system similar to litigation in that it also requires the decision maker to hear both parties and the hearing officer in the middle before making a decision,so the hearing process can be considered a simplified litigation process that better protects the rights and interests of the parties.The purpose of applying the hearing system to cases of review and arrest by the procuratorial authorities in China is to reform the litigation of the review and arrest procedure and to include hearing officers in the review and arrest procedure,so as to guarantee that the procuratorial authorities make the decision to arrest or not to arrest in a prudent manner,thereby more fully protecting the legitimate rights and interests of criminal suspects.The first chapter provides an overview of the review and arrest hearing procedure.Specifically,it covers the concept,origin and development of the hearing,an overview of the review and arrest hearing,the practice and lessons learned from overseas custodial reviews,and the value and function of the review and arrest hearing procedure of the procuratorial authorities,as a general background for the later discussion of the problems of the current review and arrest hearing procedure and how to improve it.Chapter 2 focuses on the current status and problems of the hearing procedures for review and arrest prior to the implementation of the Regulations on Hearing of Cases by People’s Procuratorates（hereinafter referred to as the "Hearing Regulations"）.Specifically,it covers the general situation and the specific pilot status of hearing reform and the many problems that existed in the pilot hearing reform.Problems are mainly hearing the case applicable conditions,scope,whether the public is not clear,hearing the initiation of a relatively single way,the lack of limits on the scope of hearing participants,the effectiveness of the hearing officer’s opinion is not clear,the hearing venue is not appropriate choice.Chapter 3 focuses on the current status and problems of the review of arrest hearing procedures after the implementation of the Hearing Regulations.Specifically,it covers the optimisation of the problems that existed in the pilot hearing reform and the problems that still exist after the implementation of the Measures for Custodial Hearings in People’s Procuratorates（hereinafter referred to as the "Hearing Measures"）.At present,there are still problems with the principle of closed hearings being too mechanical,the initiation method not taking into account the rights of all parties,the insufficient participation of relevant state organs,the ineffectiveness of the hearing officer’s opinion,and the irregularity of the remote hearing method in China.Chapter 4 addresses the problems of the examination and arrest hearing procedures of the procuratorial organs in China,and proposes reforming and improving the corresponding rules of the hearing procedures on the premise of combining the principles of openness of prosecution and confidentiality of investigation,procedural fairness and efficiency of litigation,neutrality of prosecutors and participation of multiple parties,and equal protection of all subjects,including further clarifying the criteria for public or non-public hearings,increasing the ways of initiating hearings,increasing the participation of relevant state organs,strengthening the effectiveness of the opinions of hearing officers,and improving the ways of remote hearings.