检察羁押听证是检察机关对羁押进行司法审查的一种方式,是实现羁押正当性的要求。羁押听证程序的引入有利于改变传统审查批准逮捕程序的封闭性、信息来源的单向性、决定方式行政化和羁押不独立等问题,可以保障诉讼顺利进行、保护当事人合法权益和公众安全。听证程序的构建应当遵循正当程序原则、程序快速、连续、不间断原则和司法救济原则,使之适应于逮捕条件的判断、维护控制侦查与保障诉讼的平衡、避免公开听证与侦查秘密原则的矛盾、分清决定羁押与羁押复查的重点。现行法律和司法体制改革已经为羁押听证程序建立提供了制度框架,各地检察机关的探索也积累了实践经验。羁押听证程序主要适用于重大和有争议案件的决定羁押案件。捕后羁押必要性审查也可以有选择地进行听证审查。此外,还应该建立听证前程序、公设辩护人制度和专门听证场所等配套制度和设施,对逮捕必要性的证明采取“可成立理由”标准,针对不同的诉讼阶段和争议事实的可能动态变化,分类设计救济的方式和方法。 Prosecutorial Detention Hearing is a way for procuratorial organs to carry out judicial review of detention, and is the requirement of realizing the detention’s legitimacy. The introduction of detention hearing procedure is conducive to the change of the closedness of the traditional procedure for examining and approving the arrest, the unidirectional nature of the sources of information, the administrative decision-making and the non-independence of detention. It can ensure the smooth running of litigation, protect the legitimate rights and interests of the parties and public safety. The construction of the hearing procedure should follow the principle of due process, the principle of fast, continuous, uninterrupted procedure and the principle of judicial relief so as to adapt it to the judgment of arresting conditions, maintain the balance between controlling investigation and safeguarding litigation and avoid the conflict between the principle of public hearing and the investigation of secrets , Distinguish between the focus of the decision on custody and custody review. The current law and reform of the judicial system have provided the institutional framework for the establishment of procedures for the hearing of detention, and the exploration by procuratorial organs across the country has also accumulated practical experience. The procedure of detention hearing is mainly applicable to the cases of detention in major and controversial cases. A review of the need for arrest after a detention can also be conducted selectively. In addition, supporting procedures and facilities such as pretrial procedures, public defender system and specialized hearing facilities should also be set up. The “proof of necessity of arrest” should be set according to the criteria of “justification for establishment.” According to different possible litigation stages and possible changes in the facts of the dispute , Classification design relief methods and methods.