Research On Judgments Disclosure System Of China

As the pace of judicial reform pushing forward, the opening of judgmentdocuments, which being considered as a spur of the reformation, has becoming a newhotspot of the reforming process. The opening of judgment instruments acts as arealization of judicial democracy, a reducer of corruption, and a protector of justiceand human rights. The Courts have gained rich experiences in the previous exploring,especially, the internet boost the accessibility of the judgments. However, otherslament its shortcoming during the declaration practice, such as the practice only stayin the superficial level but not the substantive and there is no institutional system thatcould ensure the outcomes.This essay begins with discussion on the natures of the opening of judicialdocuments, then conclude that this system has its characteristics that makes it be anindependent process in the judicial opening process. Going with the semantic analysis,value analysis and empirical analysis methods, this paper considered the opening ofjudgment documents based on the demand of democracy and human rights. Theopening process meets the people’s democracy needs in judicial system by realize theright to know, the right to supervise and the right to express, and fulfill theparticipant’s calling of human rights. But this two targets’ conflicts as shows itsdetails, such as the conflict between the public right to know, the participant’spersonal privacy and the right of fair trial.Based on those viewpoints, this paper continues with the analysis on how thepractice of opening judgments and the Supreme Court new regulations reflect thoseconflicts. Go among with the newest opening practice, this essay argue that theproblems that occurring in the practice of opening, is for the lack of decent rules, anda mono theory basement and lack of an institutional that could insuring the outcomesand gathering feedbacks.Finally, the essay argue that turns the open judgment as a right by legislate it inthe procedure law would be more effective than just focus on change the judges’standpoints. This regulation should clear the limitation of opening and how to retrieve the right when being offended. On the institutional level, a feedback system should bebuilt and a technical optimization would be stimulate the enthusiasm of publicinspection.