China's Supreme Prosecutor: Hearing opinions will be an important reference for case handling
China News Service, Beijing, October 20 (Reporter Zhu Chenxi and Zhang Su) In order to further standardize procuratorial hearings, the Supreme People's Procuratorate of China issued the "People's Procuratorate Regulations on Hearing of Cases" (hereinafter referred to as the "Regulations") on the 20th.
The "Regulations" make it clear that the hearings' opinions are an important reference for the People's Procuratorate to handle cases in accordance with the law.
Procuratorial hearings are the form of procuratorial organs organizing hearings in the process of case review to extensively listen to hearings invited from representatives of the People’s Congress, CPPCC members, and members of the public, as well as other hearing participants such as the parties to the case, defenders, and relevant case handlers. Opinion activities.
Procuratorial hearings can fully guarantee the people's right to know, participate and supervise.
The "Regulations" issued this time have 4 chapters and 23 articles, which clearly stipulate the scope of the hearing, the type of the hearing, the participants of the hearing, the hearing procedure, and the cost of the hearing.
According to Wan Chun, a full-time member of the Procuratorial Committee of the Supreme People’s Procuratorate of China, in the past, procuratorial organs mainly used written examinations when examining cases.
The hearing method is more conducive for the procuratorial organ to fully listen to the opinions of all parties, especially the objective and neutral third-party opinions independently issued by the hearing officer, which can help the procuratorial organ to more objectively and accurately determine the facts, apply the law, and deal with the law fairly and fairly. The case is decided.
Regarding the validity of the hearings’ opinions, Wan Chun stated that Article 16 of the “Regulations” stipulates that the hearings’ opinions are an important reference for the People’s Procuratorate to handle cases in accordance with the law.
If the prosecutor intends not to adopt the majority opinion of the hearing officer, he shall report to the chief prosecutor and make a decision after obtaining consent.
This not only respects the opinions of the hearing officers, but also ensures the independent and fair exercise of procuratorial power in accordance with the law.
It is reported that from January to September this year, the Supreme Procuratorate organized hearings on 13 cases, and the local third-level procuratorate organized hearings on 16,354 cases.
In the organized hearings, there were 13,970 public hearings, accounting for 85.4%, which were mainly concentrated in non-prosecution cases, criminal appeal cases, civil litigation supervision cases, administrative litigation supervision cases, and public interest litigation cases.
There were 2,384 private hearings, accounting for 14.6%, mainly in the review of arrest cases and detention necessity review cases.
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