论审查批捕公开听证程序——去行政化趋诉讼化的转变

On Public Hearing Process of Examining and Approving Arrests——Shift from out of administration to litigation

我国2012年《刑事诉讼法》关于审查批捕程序中讯问犯罪嫌疑人、询问证人,听取辩护律师意见的规定,是审查批捕程序去行政化的开始。审查批捕权是与裁判权权能相接近的一种公权力,审查批捕程序诉讼化是对检察官行使权力合法性、客观性的要求。公开听证程序是审查批捕诉讼化的制度选择,具有重要的现实意义。

Provisions on questioning the suspects,witnesses,and listening to the advice of the defense lawyers in the examination and approval of arrest procedures in the Code of Criminal Procedure of 2012 is a beginning to be out of administration.Examining and approving arrests reflects the exercise of judicial power of the inspecting authorities.Examining and approving arrests right is a kind of public authority which is similar to the power of the referee right.Making Examining and approving arrests litigation proceeding is legitimate and objective requirement to exercise the powers of the prosecutor.The procedure of public hearings is the system selection for examining and approving arrests litigation and has important practical significance.