What is the procedure of court hearing? What is the difference between hearing and hearing?

First, there are no clear and specific operating rules for the pre-trial hearing of the court in China. The second paragraph of Article 182 of the Criminal Procedure Law stipulates: "Before the trial, the judges may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court and the exclusion of illegal evidence."

Second, the difference between hearing and hearing:

The trial procedure is generally in the execution stage of the case. Because there are objections to execution or outsiders have objections to the execution of the case, the court enforcement department will notify all parties to participate in the hearing. It is different from the hearing in the trial procedure. Hearing generally solves the procedural problems of execution, while hearing in trial procedure involves the right of action or substantive rights.

The hearing procedure is essentially a dispute settlement procedure under the auspices of a third party, so it has a lot in common with the trial procedure. It is necessary to maintain the pattern of equal confrontation between the two parties to the dispute under a neutral third party, which has the basic elements of procedural justice.

At the same time, the pre-trial hearing takes place in the preparatory stage before the formal trial, which bears the function of serving the trial and is the core of the whole criminal procedure; Pre-trial hearing procedure solves procedural disputes, which is not as important as substantive disputes such as conviction and sentencing handled in trial stage, so its procedure is more simplified and flexible than trial.

NPC criminal procedure law. com