| Open justice is a fundamental rule of law principles of justice,online openness of the referee document is one of the important ways of the open justice.The Online openness of referee documents system that is,court through the Internet to open its production of effective referee documents,allowing the parties and social citizens through the network.The online openness of referee documents is not only an important way to protect the citizen’s right to know,to participate,to express and to supervise in the information age,but also play an important role in promoting the urgent need for judicial justice,judicial supervision,judicial authority,judicial credibility,human rights and human rights.With the rapid spread of the Internet,the way of referee documents openness will change.On the one hand,it provides a new carrier for the referee documents openness and creates a new way for public take participate in the judicial process.On the other hand,it makes the approach and effectiveness of open referee documents facing new opportunities and challenges constantly.Therefore,the referee instruments online publicity system and overall implementation as the article starting point,by the Supreme People’s court in October 1,2016 the implementation of the "provisions of people’s court announced judgment documents on the Internet"(hereinafter referred to as the rules)for the legislative background.Analysis of the system in China today still existing problems,such as lack of legal basis,efforts to protect the privacy of the parties is not right.And to learn on the basis of good practices on the extra territorial system of public referee instruments online,puts forward some countermeasures to perfect the system of public judgment instruments online in China.Besides the introduction and conclusion,the article is divided into three parts.The first part is the meaning and significance of public referee instruments online system.Mainly on public referee instruments online system’s implication,characteristics and the traditional way to open out compared as well as the significance of the implementation of public judgment documents online system is fully analyzed.Thefocus is on the implementation of the use of the Internet public documents.It not only helps to protect the citizens right,supervision right,right of expression and democratic rights and interests,promote the quality of judgment to improve and enhance the quality of judges,and to guarantee the right to know of citizen’s supervision right,right of expression and democratic rights,legal play also has important significance to promote judicial behavior and standardize the public guidelines.The second part analyzes the developing situation and subject matter faced at the present stage of China’s system of public judgment documents online from the legislative and judicial practice.Firstly,examines two aspects of system development present situation of this system.On the one aspect,in the legislative,reviewing the process of institutionalized of the system of the online examination of judicial documents through the legal,judicial interpretation and the internal regulations of the people’s courts at all levels.On the other aspect,based on the China referee network data survey statistics,analysis of China’s implementation of open Internet system in the judicial judgment the situation in practice.Secondly,analyzed the main problems of the system existing in our country,and find it not only in the legal basis,the right of privacy protection,defects of the supporting mechanism,but also the emergence of online disclosure is not timely in the judicial practice,not comprehensive.The third part is based on the depth analysis of the developing situation and subject matter faced at the present stage of China’s system of public judgment documents online,the regulations and judicial practice for the path of reform,throw out some measures.On the macro level,some suggestions on legislation,supporting mechanism and security system are proposed.On the micro level,put forward to perfect level of the effectiveness of online public judgment system from the legal basis,the object of dormant processing,open time,supporting mechanism,personnel,technology,capital and other aspects of improvement. |
