Research On The Hearing System Of Criminal Case Examination By The People’s Procuratorate

With the application of the system of examining cases in the procuratorate in criminal cases,criminal case trial has become an important way to safeguard judicial democracy,judicial openness and judicial justice.Criminal case review system can not only protect the legitimate rights and interests of the parties,but also allow the public to participate in the judicial process.The trial and review system of criminal cases of procuratorial organs is an important system to effectively verify the legal supervision behavior of procuratorial organs.The goal of judicial fairness and openness has been realized through the procedures of hearing held by the procuratorate,hearing examiners and other participants,and giving their opinions.Since the introduction of this system,it has achieved good results in practice everywhere.However,due to the imperfection of legislation,a series of problems appear in the practice of hearing,which affect the reasonable operation of hearing system.Based on this situation,this paper analyzes the theory and practice of the procuratorial organ review system of criminal cases,and draws lessons from the Japanese procuratorial examination system,trying to provide suggestions for solving the problems existing in the application of the system,and promote the perfection and development of the system.The people’s procuratorates should implement the hearing system,improve the mechanism for selecting and appointing hearing personnel,reasonably delimit the scope of hearing,improve supporting procedures,improve the efficiency of hearing,achieve good hearing results,and truly promote judicial openness,fairness and integrity.Besides the introduction,the text of this paper is divided into four parts.The first part expounds the theory and legal text of the trial system of criminal cases examined by procuratorial organs,explains the background of the system,analyzes its legal value,summarizes the characteristics of specific procedures,and further explains that improving the system is an important way for people to participate in justice.This part,based on the Provisions of the People’s Procuratorate on the trial of Cases,focuses on the analysis of the constitution of the system,analyzes the main functions of the system,and highlights the value pursuit of the system to ensure the people’s participation in the judiciary and promote judicial justice.The second part focuses on the analysis of the system framework theory and the existing problems in the judicial practice,mainly concentrated in five aspects: first,the choice of hearing person is unreasonable;Second,the hearing regulation has not been implemented in practice;Third,the hearing procedure rules are not perfect;Fourth,the listening support mechanism is not perfect,the listening lack of feedback mechanism design.By summarizing the above representative problems in the system practice,the foundation is laid for the subsequent solution.The third part introduces the common points between Japanese procuratorial review committee system and Chinese criminal trial system.Japan’s procuratorial review committee system is similar to China’s criminal review hearing system in terms of guaranteeing citizens’ participation in judicial work,promoting judicial justice and standardizing procuratorial organs’ exercise of rights.Through the analysis of the main content and important improvement process of the system of the procuratorial review committee in Japan,this paper summarizes the reference points of the system of the procuratorial review committee in Japan,and summarizes the ideas for the improvement of the system of the criminal case review and hearing in China.The fourth part puts forward some suggestions to improve our criminal case trial system by using the principle of criminal procedure and combining the practical experience in our country and the foreign experience.First,improve the rules of hearing personnel,establish hearing personnel database,hearing personnel selection mechanism and training system;Secondly,implement the provisions of hearing in judicial practice,clarify the scope of application of hearing,and establish incentive mechanism;The third is to improve the hearing procedure rules,adjust the hearing starting procedure and presiding procedure,introduce the pre-hearing meeting procedure and debate procedure;Fourth,establish simple procedure,observation system and legal aid system to improve the guarantee mechanism;Fifth,establish a compulsory feedback mechanism for hearing opinions to strengthen the effectiveness of hearing opinions.