听证程序与庭审方式改革

Procedure of Hearing and Reform of Court Hearing Method

司法改革的关键在于庭审方式改革,而庭审方式改革的一个重要内容就是确立听证程序与庭审阶段的职能分工问题。在司法实践中,听证程序具有指导当事人诉讼、组织当事人交换证据和主持调解的功能。在把听证程序纳入司法程序之后,听证程序自然成为庭审阶段的一个有机组成部分,共同发挥着作用。

Reform of court hearing is the key of reform of justice, and one of its important ends is to result the problem of functions between procedure of hearing and procedure of decision. In judicial practice, procedure of hearing has the functions of teaching how to take actions, exchanging evidence and conciliation. After it was absorbed in the judicial procedure, naturally procedure of hearing becomes one of the parts of procedure of decision, and both of them are taking their effects.