Dual Function and Procedure Optimization of Procuratorial Hearing
As an important part of procuratorial organs handling cases in the new period,the procuratorial hearing procedure has gradually changed the conventional procedure.Procuratorial hearing has both internal and external dual functions,which help to achieve the governance of litigation sources.However,theoretical basic research of the procuratorial hearing procedure is insufficient,and existing research has not made a systematic analysis of the dual function theory.Against the background,this paper proposes the theory of the dual function of the procuratorial hearing by sorting out the development of procuratorial hearing procedure,which enriches the theoretical foundation of procuratorial hearing procedure and helps to improve the procuratorial hearing procedure.Through practical investigation and analysis of the cases on the China Procuratorial Hearing Network(jctz.12309.gov.cn),it can be found that there is room for optimization of the application of procuratorial hearing procedures,such as lack of standardization for which cases can be applied to procuratorial hearing procedures,the composition of hearing members in some cases is not reasonable,and the arguments in the hearing are inadequate.Based on existing research and the dual function theory of procuratorial hearing,this paper puts forward suggestions to improve the procuratorial hearing procedure.First of all,it is necessary to regulate the scope of cases from the perspective of playing the dual function of the procuratorial hearing procedure.Secondly,under the guidance of the dual function theory of procuratorial hearing,we can analyze the directional structure of hearing members.Finally,guided by the dual function theory of procuratorial hearing,we can improve the argumentation link in the process of procuratorial hearing.
procuratorial hearinginternal functionexternal functiongovernance of the litigation source
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