西南石油大学学报(社会科学版) ›› 2020, Vol. 22 ›› Issue (6): 64-72.DOI: 10.11885/j.issn.1674-5094.2020.07.09.01

• POLITICS AND LAW • Previous Articles     Next Articles

A Concrete Exposition of the Model of Judicialization Reform of Detention Hearing

LV Zebing1, DING Ying2   

  1. 1. College of Law, Sichuan University, Chengdu Sichuan, 610207, China;
    2. Department of Military Law, Officers College of PAP, Chengdu Sichuan, 610213, China
  • Received:2020-07-09 Online:2020-11-01 Published:2020-11-01

Abstract: Extraterrestrial detention hearing can be roughly divided into inquisitorial system and adversary system. In the former system, it is the court's authority to decide on the detention hearing of the accused, while in the latter the court just carry out the detention hearing as required. Neither the legislative amendments nor the reform of hearing in China endows the procuratorial organs with the authority to investigate evidence beyond the scope of evidence submitted by both investigators and defenders. As a result, both the previous amendments and the hearing reform often fall into pure technical adjustment due to the lack of accurate positioning of the detention hearing model. In this regard, China's first task in its detention hearing reform is model repositioning, so as to establish a differential hearing system instead of focusing on verbal debates on limited cases on the basis of granting prosecutors with extensive inquiry powers.

Key words: judicialization of detention hearing, reform of detention hearing, inquisitorial system, adversary system, the right to hearing

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