On The Open Trail System In China

The open trail is a old-line judicial principle validated by history and logos. In the most original regime to resolve disputes, the open way had been used by human. In the course of human's development, the open trail system accompany with law and human all the time, except the dark ages of despotism.This paper introduces the development of the open trial system in the whole world and the legislation of modern countries roundly and systemically in PART I, include some standards acknowledged by all countries. This recommendation of history and praxis reflects the durative vitality and modern value of the open trail system. It satisfy the requirement of justice for human to carry out the open trail system, it has the inevitability. PART II explores the justice and rationality of the open trail system from its theory and value. In this part,the comparing between formal reason and substantial reason in modern philosophy and Popper's falsificatism test the exactness of the open trail system. Also, this paper disproves the point of inverse ratio between justice and efficiency in traditional theory by the traditional value from the view of justice, efficiency and order that three most important value in judicial system, improves the possibility of coexistence, therefore demonstrates the value of the open trail system. After this, this paper argues that the goal of the open trail system corresponds to the building of harmonious society in China.PART III considers the special situation of the legislation and administration of the open trail system, puts forward some suggestion of reform against the disadvantage combine with Chinese tradition and praxis. This paper accounts the data and analyses the status in quo based on the investigation by the way of demonstration. Finally, this paper concludes it necessary to extend the scope of open trail; it must perfect the supervision on the enforcement of the open trail system in actual judicatory and the experimentation of reform can be prearranged in some particular area. The expectation is the perfecting of the open trail system in China.