Pragmatic Depiction and Utopian Condition of Non-prosecution Hearing
As a judicial procedure that regulates the exercise of non-prosecution discretion,the introduction of non-pros-ecution hearings aims to enhance the openness and confrontation of the review and prosecution procedures,so as to achieve the litigation purpose of"settling the division and stopping disputes"on the premise of ascertaining the facts of the case.Hearing of-ficers with social evaluation functions intervened in the hearing procedures,forming a new review and prosecution structure of"prosecution and defense hearings".However,the practice of non-prosecution hearings shows that the hearing procedures under the auspices of the procuratorial organs have not yet broken away from the shackles of the traditional written review model,the se-lection of hearing cases deviates from the original intention of the system of"hearing everything that should be heard",the sub-stantive participation of hearing officers is insufficient,the case deliberation is a mere formality,and the hearing procedure has been alienated from"presided over by the procuratorate"to"led by the procuratorate".The non-prosecution hearing procedure should return to the multi-party litigation structure,attach importance to the protection of the rights of the defense,enhance the substance of the participation of hearing officers,establish a dispute point dominant mode,and explore the"non-prosecution hearing+"system.
Prosecutorial hearingssocial governancenon-prosecution hearingspaternalistic justicedispute point dominant mode
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