An Empirical Study of the Prosecutorial Hearing SystemFocusing on Non-prosecution Hearings

Procuratorial hearings system embodies multiple values, including judicial democracy and scientific decision-making, but in practice it has such problems as a low application rate, a “make-do hearing” and a “decision before hearing”. By analyzing a sample of 41 896 non-prosecution decisions nationwide since 2021, it is found that: prosecutors do not fully comply with the statutory requirements when applying hearings, and avoiding controversial cases is the main reason for the formalization of hearings; prosecutors attach importance to the value of hearing procedures for case information disclosure, while neglecting its function of safeguarding the right to sue and ascertaining the facts; prosecutors are less willing to apply hearings in felony cases than in misdemeanor cases; the application rate of hearings is higher in regions with less conflict between people and cases, sufficient judicial funding and higher information technology. From a normativist perspective, deviations from normative implementation tend to blur the positioning of the hearing system, while inhibiting the development of its judicial democratic function. It is necessary to construct a filtering mechanism for hearing cases, improve the form of hearing function, improve the hearing funds and information security, etc., and gradually promote the realization of the reform goal of “hearing should be heard as much as possible”.