The Intermediate State of the Transformation of Criminal Procedure Mode:the Rise of the Judicature of Hearing Opinions
The judicature of hearing opinions is the intermediate state of the transformation of criminal procedure from administrative adjudication mode to litigious adjudication mode.Many drawbacks of our criminal procedure system can not be explained by the strong inquisitorial system litigation mode,and the primary task facing the judicial procedure is the litigation reform.The judicature of hearing opinions breaks through the original administrative procedure structure and forms a new judicial order,which has the characteristics of media,duality and dependency,and provides a unique perspective for observing the practice of litigation reform and the transformation of litigation mode.There are three clear lines of jurisprudence supporting the judicature of hearing opinions:the power logic which serves the functions and the efficiency of litigation,the right logic which promotes the introduction of litigation rights and participation in litigation,and the communication logic which aims at strengthening the agreement of litigation and rational decision-making.Even in the face of its own unavoidable endogenous constraints and the structural constraints of the unbalanced operating environment,the judicature of hearing opinions also lays a normative foundation for hearing opinions by way of hearing,anchors the subject relationship of hearing opinions on the three parties,and effectively maintains the core structure of litigation reform.From listening to opinions to criminal hearing and then to the litigious operation of the procedure,it is the native experience of our country's criminal litigation mode transformation.Cooperative justice is the product of reflecting on the disadvantages of adversarial justice,while the judicatory of hearing opinions is committed to developing a complete adversarial justice.The basis and way of reaching agreement between the two are different.
judicature by hearing opinionsadministrative adjudication modelitigation adjudi-cation modelprocuratorial hearingnegotiated justice
万方数据
