| To some extent,the application of the hearing system in the criminal procuratorial work has weakened the traditional administrative,written and closed examination and approval case handling mode in the decision of criminal detention,arrest review and non-prosecution,and enhanced its litigation function.However,as a new system,its actual application effect is not satisfactory.Compared with the ordinary case handling mode,the existing hearing system objectively requires a large judicial cost,and the hearing period is included in the period of case handling,which has a fierce conflict with the limited inspection power and the appeal for efficient case handling.Therefore,the procuratorial organ began to explore a more simple and efficient hearing system in practice.The simple hearing system of criminal prosecution,with a more simplified operation mode,enables the procuratorial organs to deal with the case review needs with different difficulties in the practical hearing work,and takes into account the needs of protecting human rights and litigation efficiency,which is a beneficial improvement to the existing general hearing system of criminal prosecution in China.With the in-depth implementation of the system of leniency for guilty plea and the promotion of the criminal justice system of less arrest and careful prosecution,the important value of the current simple hearing system of criminal prosecution is highlighted.At present,the research on the simple hearing system of criminal prosecution in China is scattered in the arrest hearing,detention hearing,non-prosecution hearing and criminal appeal hearing,and the discussion of the overall perspective and the setting of specific operating procedures are lacking.This paper discusses the application of the simple hearing system in the criminal prosecution from the overall perspective,and on the basis of clarifying the concept of the criminal simple hearing system and analyzing the characteristics of the system,demonstrates the necessity of using the criminal simple hearing system in the work of criminal detention,arrest review and the decision of non-prosecution.It is believed that this system is the inevitable appeal to deeply apply the system of leniency for guilty plea,the criminal justice system of less arrest and careful prosecution,realize the balanced efficiency value and human rights protection,and improve the reform of criminal prosecution.In addition,the system has the feasibility of application in criminal justice due to the practical basis of some regions in China,the reference of similar legislation such as simple hearing of criminal appeal cases,and the support of the relevant domestic criminal justice system,etc.Subsequently,the paper also carried out some research from the relevant system outside the domain.Finally,the paper puts forward the concrete design for the construction of the simple hearing system of criminal prosecution.Through the above research work,it is expected to deepen the research of the simple hearing system of criminal prosecution,and further enrich the theory and practice of the criminal procuratorial hearing system. |
