Public Trial And Implementation Mechanism

Since the policy of the Reform and Opening-up has been put into force for several decades in China,it is not only promoted the process of modern Chinese democratic law,but also make us access to a new age that full of enthusiasm and tolerance.Meanwhile,people’s requirements for society development has been more and more high,for the expectation of the right to be informed is ever-increasing,they also can give their comments by various ways,and supervise the justice.With the gradually speed up pace of democratic legalization,people’s requirement to criminal justice is being more and more intensity,causing various problems in practice.If the justice is not public,there may be black case work,it may influence the justice,induce judicial corruption.If things go on like this,it will reduce the judicial credibility.As a result,the study of public trial issues is of great significance in practice.Prescribed by constitution,all cases should be heard in public during the trial,except the special cases law provisions.Later this rule was written in the three major procedure law,to protect the parties’litigation rights,and pass a series of judicial criteria. Such as " The six provisions on judicial public "," Some provisions on people court accepts the news media supervision "," The provision on people court issues the document decision "," The provision on people court live broadcast&recorded broadcast trial acts ",and " Some suggestions on promoting the three major platforms’ construction in judicial public " that issued by higher people’s court on November8,2013,formulated a more definite rule of public trial.First,public trial in our country has experienced court trial period(before2004), limited judicial trial period"(from year2004to2008) and overall public trial period (from2009to present),experienced from ignorance to science,from backward to civilization.This20years’journey is not succeed in courtship,but experienced many frustrations.Public trial gets a twist development by times and times winding course. We firmly believed that public trial is a basic concept of rule by law,is a system of democratic supervision.The scope and ways of public trial has been gradually consummation,but still exist some leaks in practice,and needs more complete systems being built.Secondly,analysis the principles of public trial on the aspects of principles,bodies,contexts,objectives,ways and remedy system by combining with the principal of public trial in our criminal justice,reference the legislation and experiences of legal development countries.Higher people court definitely mentioned in the " Suggestions on strengthen people court’s public trial " that law public,timely public and overall public are three basic rules for public trial,including these five sections of case public,court public,trial public,execution public,written documents public.These not only public to the parties but also public to the society.Meanwhile,there are some public trial ways,like internet case open,court live broadcast,written documents issue on the internet,blog live broadcast,news reporters and so on.Thirdly,reference our recently legal criterion on judicial public trial and the situation of judicial public trial in practice,we can summarize that our judicial public trial still have many problems,but reference to recently legal laws,there isn’t any principals to punished this situation that court should public the case but actually not public,neither any remedy systems to these people who apply for public trial but encounter refuse.Finally,in order to make judicial public trial move further,we should formulate some relevance perfect mechanism,specific on avoiding court live broadcast interference with judicial system,complete written documents public and observer system,Iimited the litigation’s freedom of speech,remedy system about judicial public trial and complete the punished rules on these actions that violate judicial public trial.To achieve these judicial concepts of judicial for people and judicial justice by improving judicial transparent.