What does it mean to hold a hearing?

The hearing held by the procuratorate means that the case is controversial or has a major impact, and the opinions of the parties and other relevant persons need to be heard in person. Hearings refer to case review activities in which the People's Procuratorate organizes hearings for eligible cases to listen to the opinions of the hearing examiners and other participants on issues such as fact determination, legal application, and case handling. The hearing procedure for administrative penalties is an important part of the administrative counterpart's statement and defense. During this process, the counterpart may bring forward many facts and reasons that the case handler did not pay attention to in advance, which plays an important role.

The hearing held by the procuratorate indicates that the case will have major disputes or major impacts in terms of fact determination, legal application, case handling, etc., and it is necessary to listen to the opinions of the parties and other relevant personnel in person. Hearings refer to case review activities in which the People's Procuratorate organizes hearings for eligible cases to listen to the opinions of the hearing examiners and other participants on issues such as fact determination, legal application, and case handling.

The hearing is organized in accordance with the following procedures:

(1) If the party concerned requests a hearing, it shall be submitted within three days after being notified by the administrative agency;

(2) The administrative agency The parties shall be notified of the time and place of the hearing seven days before the hearing;

(3) Unless state secrets, commercial secrets or personal privacy are involved, the hearing shall be held in public;

( 4) The hearing will be presided over by an investigator designated by the administrative agency who is not an investigator of the case; if the parties believe that the presiding officer has a direct interest in the case, they have the right to apply for recusal;

(5) The parties may attend the hearing in person or by proxy One to two people are represented;

(6) During the hearing, the investigators present the facts, evidence and administrative penalty suggestions for the party’s violation; the party makes defense and cross-examination;

(7) Hearing A transcript should be made; the transcript should be signed or sealed by the party concerned after review and verification.

To sum up, the hearing held by the procuratorate means that the case is highly controversial, and the opinions of the parties and other relevant persons need to be heard in person. Hearings are of great significance in protecting legal rights and interests, safeguarding justice, and promoting the rule of law.

Legal basis:

Article 4 of the "Regulations on the Hearing Work of the People's Procuratorate on Case Review Cases", the People's Procuratorate handles custody necessity review cases, cases of non-prosecution, criminal complaint cases, and civil litigation Supervision cases, administrative litigation supervision cases, public interest litigation cases, etc., where there are major disputes in fact determination, legal application, case handling, etc., or have significant social impact, and it is necessary to listen to the opinions of the parties and other relevant personnel in person, must be approved by the Chief Prosecutor , a hearing can be held.

If the People's Procuratorate is reviewing an arrest case and needs to verify and evaluate whether the criminal suspect is dangerous to society and has the conditions for social assistance and education, it may hold a hearing.