A Research On Establishing "Judicial Hearing System" In Chinese Pretrial Custody Procedure

Arrest is the severest coercive measure by which personal freedom of criminal suspects or the accused is deprived for a certain time.In the past decades,arrest reviewing has been denounced by theoretical and practical fields,and reviewing documentation,procedure administration and decision mystification are believed.Although the arrest procedure is renovated in the new criminal procedure law and the arrest system makes a great step towards judicialization,from the view of judicial practice,the current condition of arrest reviewing is below expectation,and the problems that the detention rate is over high,and the detention time is over long exist.For the purpose of modern rule-by-law spirit of human right respecting and guaranteeing and fairness and justice safeguarding,the ‘judicial evidential hearing' mechanism should be established in the arrest approval procedure,the reasonable and feasible ‘judicial evidential hearing' procedure should be designed,so that important significations on shortening the detention time and guaranteeing the lawful rights and interests of the criminal suspects or the accused are achieved.Therefore,in the article,the judicial responsibility system reform and the experience and problems of the past years,particularly of arrest reviewing ‘judicial evidential hearing' practice implemented by the prosecutorial organ where the writer works are combined,the application range,the main content and the emphasis points of judicial evidential hearing are defined,the burden of proof and the standard problem of proof are defined,participation subjects of judicial evidential hearing are defined,the evidential hearing is reasonably arranged,and the ideas are put forward for perfecting the relief approach.