An Analyze On Hearing Procedure Of Review Arrested

Arrest is our country’s extreme criminal coercive measure.By following statutory procedures,it deprives criminal suspects and defendants of their personal freedom to ensure the smooth progress of criminal proceedings and to achieve the objective of prosecuting crimes.The examination and approval of arrest is expected to have a strong judicial attribute.However,the current written,unilateral,and closed administrative-style examination and approval process make it difficult for suspects and defense lawyers to participate substantively,resulting in one-way information sources,lack of external supervision and judicial remedies,and high arrest rates that have been criticized.Since the amendment of the Criminal Procedure Law in 2012,China’s arrest rate has significantly decreased,but it is still higher than that of other countries,and misarrests and indiscriminate arrests have not been eradicated.Therefore,the academic community has launched a reform of the examination and approval of arrest to advocate for the establishment of a hearing procedure for the examination and approval of arrest.Under the promotion of a new round of judicial reforms,the Supreme People’s Procuratorate has also launched the construction and exploration of an arrest hearing procedure.The arrest hearing procedure has significant implications for improving the transparency and impartiality of arrest examination and approval,promoting cautious detention,and reducing unnecessary arrests,enhancing the transparency of judicial affairs,and ensuring the quality of arrest decisions.Provision 4of the “Regulations on Several Issues Concerning the Arrest of Social Dangerousness(Trial Implementation)” stipulates that the procuratorial organ’s review of the necessity of detention can be conducted in a manner like a hearing.In 2016,the “Thirteenth Five-Year Plan for the Development of Procuratorial Work” also called for the transformation of arrest review towards judicial review and the exploration of a litigation-based review mechanism.On this basis,pilot programs for the review of arrest hearings have been launched in various regions,accumulating practical experience in the construction of the review of arrest hearing procedure,but also exposing some issues.In 2021,the “Procuratorate Detention Hearing Measures” issued by the Supreme People’s Procuratorate responded to some of the controversies during the pilot period,but problems such as the initiation of procedures,the effectiveness of the hearing,and the participation of relevant parties have not been well resolved.In the judicial reform of the litigation of arrest review,the key issue at present is how to further improve the arrest hearing procedure,and to find a path suitable for China’s judicial practice to maximize the function of the procedure.Firstly,it is necessary to further refine the criteria and standards for determining whether it is “necessary” to initiate the hearing procedure,abandoning the simplistic approach of using the type of case and its impact as the criteria,and replacing it with the core of the social endangerment of the case,while ensuring the launch of the hearing procedure.Secondly,it is necessary to balance the investigation and defense forces to fully realize the effectiveness of the hearing procedure,starting from strengthening the attention of investigators to participating in the review of the arrest hearing procedure and safeguarding the rights of the defense.Finally,based on the procedural value of the arrest hearing procedure,it is necessary to require on-the-spot and independent decision-making,and integrate the arrest review subject with the decision-making subject considering the reform of the judicial accountability system.In short,only through the above procedural improvements to address a series of shortcomings,the arrest hearing process can be truly implemented in judicial practice,and the existing criminal justice system and procedures are more compatible,so that it can become a "booster" for the reform of arrest litigation,and accelerate the pace of construction of the rule of law in China.