| As the important reflection of the principle of open trial,the civil judgment document online institution brings a series of positive effects to the judicial practice.On the one hand,it is beneficial to carry out the principle of public trial and widely accept public supervision for the court;on the other hand,it can safeguard fundamental rights of citizens,such as right to participate,right to know and right to supervise.New<Civil Procedural Law>article 156 stipulates clearly that the public can consult civil judgment documents published online.Since October 1st,2016,"The Supreme People’s Court on the Internet to publish the provisions of the referee instrument "further standardizes the content,procedures and supporting measures of the civil judgment document online institution.Through the platform of China Judgment Document Net,efficient judgment documents have a united open platform,open procedures,open contents and public security measures to promote the process of achieving judicial transparency.However,compared with rapid progress of civil judgment document online institution of the foreign countries and regions,there remains some shortcomings in the quality of the judgment documents.Besides,some effective documents cannot be uploaded in time.These shortcomings will hider the development of the open trial career in some degree and we need arouse the public’s reflection on it.By using cases to reference,judicial apparatus from place to place can unify the judicial criteria specifically.The civil judgment document online institution can effectively safeguard the justice of the judiciary,meet the requirement of the public’s right to know and enhance the credibility of the judiciary eventually.We can say that it is an important way to realize justice and an important content of the open-trial system.As an important part of judicial reform,the civil judgment document online institution needs to be continued and enhanced at the present stage.But in our judicatory practice,there still exists a series of problems.For example,the quality of judgment documents published online is not high,and the the institution to ensure quality of judgment document has not been established.The reasons for the problems are shown as follows.The safeguard mechanism to ensure the quality of civil judgment documents online has not been established.And some judges have limited capacity of writing proper judgment documents.To improve the judgment document online institution,legislation should be made so that judgment documents online shall have united standards and regulations.The personal information of the parties and other parties should be handled properly when judgment documents are published online.Our government needs to train judges to cultivate legal quality,create inner justice value and use legal methods flexibly.Only in this way can the production of judgment documents be completed better Judgment documents will be more fair and the public will be more convinced and satisfied with judicial results.What’s more,we should implement incentive mechanism and reward mechanism to improve quality of online judgment documents gradually.Finally,we need to improve the online judgment document system and construct the network hardware. |
