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The Open Trial

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:F GuoFull Text:PDF
GTID:2296330488993411Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Open trial as an important principle of judicial supervision, also is an important part of China’s socialist construction characteristics of the rule of law,at the same time, it plays an irreplaceable role to establish credibility of the judiciary and the protection of citizens’ right to information. In recent years, with the deepening of judicial reform, the open trial as the top priority of the judicial reform was repeatedly mentioned. At present our country open trial system level, in the content, objects, carrier by a series of legal documents and normative documents, are more and more perfect, and has formed a relatively perfect open system. At the same time of the judicial reform, the court in innovation trial Sentenced to public way, expand the scope of the public trial, the rich content of open trial has also taken a series of effective measures, and strive to all aspects of the trial activities to the public, so that the community and the parties can be very intuitive understanding of the court of the judicial activities, thereby prevents the judicial injustice phenomenon. But in respect of system implementation, but not too ideal, there are still some shortcomings. However, in respect of the implementation of the system point of view, it is not too good,there are still certain gap.so it is necessary based on our trial disclosed the existence of the rule of law and social environment, and create a good interaction between the Court and the public atmosphere.In this paper,it is starting with an overview of open trial,use the method of theoretical analysis to analysis the scope and rationale of the trial disclosed in our country,and study of the meaning and scope of open trial and the object of open trial deeply.At the same time, the comprehensive use deductive, induction method pointed out public trial in our judicial practice the theoretical basis and practical significance, for this paper discusses the subsequent substantive content provides sufficient theoretical basis. On this basis, in view of the shortcomings existed in our country the principle of open trial to produce the causes of the problems start, adopts a research method of comparative analysis of longitudinal extraterritorial comparative trial open mature Experience, by referring to the mature open experience and ideas for how to solve trial in our country public provide some reference. Finally, for the problem of open trial and facing deficiencies, we proposed some reasonable suggestions and solutions to our expectations for the improvement and development of open trial helpful. Overall, through the research of reform of the status of the China open trial, the trial open deepening, rather than is a kind of system followed, than as a concept of innovation.
Keywords/Search Tags:Open trial, The court, The judicial justice, The judicial supervision
PDF Full Text Request
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