Judicial Hearing Under The Vision Of Citizens’ Hearing Rights

Judicial hearing system has been developed for decades. Some places havealready set up the relevant judicial hearing rules gradually, and took many of thejudicial hearing attempt. Even in civil retrial procedures some mature judicialhearing rules have been made. But judicial hearing is still far from standardized andinstitutionalized. We still need to make further analysis and research on judicialhearing each related elements. And the citizen hearing rights is one of the basicelements of judicial hearing. It embodies the purpose of controlling judicialdiscretion and protect human rights. How to guarantee citizens hearing rightrealization in judicial hearing is the crucial way to perfect judicial hearing system,promote the standardization and the systematization of judicial hearing. Except thepreface and conclusion the paper divided into three chapters.In introduction, the author analyses the judicial hearing from the gradualcharacteristic and the important significance to reveal it’s important to the judicialsystem reform, and then the importance of that citizens after hearing in judicialhearing right in the development of the positive role. In this part, introduction ofbasically citizens hearing right as the breakthrough point, through the distinction ofjudicial hearing procedure and related rights, located the citizen hearing in judicialhearing system.In the first chapter of citizens in theoretical analysis, the author firstlyintroduces the theory of hearing right citizens’ origin, points out its theoretical basis,which are natural justice principle; law principle; due process of law principles. Onthe basis of theoretical origin, this paper discusses the concept and the contents ofhearing right.Judicial hearing this part of the writing objective in judicial hearing is thespecific circumstances, this paper discusses the value of the right to a hearingcitizens, and civil rights and the judicial process of hearing right relationship.Therefore, the author first through to court probation hearing procedure of introduction, summarized the concept of judicial hearing, and with the administrativehearing and distinguish between legislative hearing so as to form clear understandingof judicial hearing. And for the introduction of judicial hearing procedure at homeand abroad, to improve our judicial hearing of parties provide valuable reference forthe hearing right.Citizen rights in the hearing to achieve the judicial hearing as the third chapter,is the focus in this paper, mainly discussed the citizen right realize trouble hearing,and hearing by the strengthening of the citizen rights, to promote the improvement ofthe judicial hearing. The paper first analyzes the thought from the parties and judicialorgans for civil rights hearing there erroneous understanding of current situation andcauses, and points out that the ability to implement the right to a hearing of therealization of the right to limit. Secondly analyzes the hearing of the realization ofthe right to the program problem, especially emphasizes the host program controlpower hearing, that the party has decided to realize the hearing right role. This articleputs forward, of the right and the differences of hearing right, can make the hearingright into the hearing host in the selection process. At last, the author points out thatin the hearing after right is infringed, our country lacks for tort person concretedetermination and civil rights related system restore hearing regulations.Citizen rights in the judicial hearing, the author has found problems, and putforward his opinion. In the startup procedure, for the civil procedure law about theprovisions of the retrial hearing has become the reality of the burden of judicialorgans, puts forward the can by giving the parties hearing procedure option way,avoid "one size fits all" the emergence of the problem. In the hearing on the recordsystem, the author thinks that only introducing competition and openness to thejudicial hearing to effectively regulate the record, this article puts forward throughthe report and the judge will supervisors and comparison of the hearing recordevaluation method to increase the hearing right in the hearing of the record systemdynamic role. In the hearing on remedies of rights, the rights to violations of wayand to the extent as the standards, relief way into three kinds, expect the hearing tobe able to get the rights of the greatest protection.In the conclusion, the author believe that by strengthening the hearing right and expanding the scope of the parties involved in and perfecting hearing procedurerights and power structure, we can be certain to improve the judicial hearing systemof social and political effect, and enhance the publicity of judicial hearing,transparency, institutionalization, and further promote the judicial system reform.