부산대학교 도서관

Although China revised the Criminal Procedure Law in 2012, the procuratorial organs' way of examining and approving arrest was reformed into litigation, after the reform of “integration of arrest and prosecution”, the judicature of the right of examining and approving arrest tended to be weakened. Arrest hearing is the best solution that procuratorial organs choose independently according to the difficulties they face. Guiding the administrative examination and approval procedure to the “open” litigation procedure can reduce the adverse consequences brought by the reform of “integration of arrest and prosecution”. However, at present, the arrest hearing system carried out by procuratorial organs in various parts of China is narrow in scope of application, inconsistent in standards and unscientific in program design, so it is urgent to explore ways to improve it. This article starts from the inherent administrative defects of the procedure of examination and arrest, combined with the judicial background of the “integration of arrest and prosecution”, analyzes the problems and reasons existing in the process of examination and arrest; Secondly, it analyzes the theoretical legitimacy of carrying out the arrest hearing system under the background of he “integration of arrest and prosecution”, and summarizes the experience and lessons in the pilot process of the arrest hearing system. Finally, from the scope of application, hearing form, hearing decision-making power and other angles, explore the improvement measures of arrest hearing system under the background of “integration of arrest and prosecution”, so as to weaken the administrative examination and approval characteristics of procuratorial organs' arrest review work and strengthen the legitimacy of arrest review procedure. In view of the problems existing in the arrest hearing system under the background of “integration of arrest and prosecution”, such as unclear power and responsibilities and weakened internal supervision. This paper proposes to establish a diversion mode of arrest, moderately expand the scope of cases applying the arrest hearing system, and establish a public hearing structure of “the host hears in the middle, the investigation and the defense are equally confronted, and the hearing officers participate equally”. The burden of proof is given to the investigative agency, and the suspect and his defense lawyer are given the right to refute and cross-examine. Decisions are made on the basis of the majority opinion of the hearing officer, with a view to building an arrest hearing system that adapts to the development stage of China's criminal rule of law, thereby helping promote the reform of the “trial-centered” litigation system.