Reserch On The Open Trail In People’s Courts

As an important judicial principle in the modern litigation system,the trial openness has gone through a long period of development and improvement,having unique value in promoting judicial fairness and realizing judicial justice.At the beginning of its establishment,the People’s Courts conducted a useful exploration of public trials,and continued to improve and deepen trial openness in previous judicial reforms.In the third judicial reform,the Supreme People’s Court successively introduced five Frameworks of Five-year Judicial Reform for People’s Courts as the programmatic document of the reform,which has a strong stage and time characteristics.Reform and advancement are different.The specific content of the trial openness is also different with the changes of the times and the reform.With the advancement of the reform,the trail openness has made great achievements in terms of timeliness,breadth and coverage.However,the public has not formed a deep understanding of the public trial,some misunderstandings even existing.It seems unclear how to further promote the reform direction.This dissertation conducts research on the changes of the trial openness reform by sorting out the relevant reform measures in the Frameworks of Five-year Judicial Reform for People’s Courts.To research the trial openness changes in China,this dissertation is divided into the following sections.First of all,combined with its process of moving from the will of the judge to judicial practice,first chapter explains the trial openness from the theoretical level and functional significance and starting point of trial openness.Second chapter takes the Frameworks of Five-year Judicial Reform for People’s Courts as the main research materials to displays the provisions and extracts the elements of the measures involving trial openness in the form of tables and analyzes the reform direction of each stage in combination with the background of the introduction.Thirdly,it compared the effect of Chinese trial openness reform and the ought-to-be level and analyzes the achievements in value cognition,system construction and scientific and technological application in the open trial reform.A new type of open trial proposed,it further examines the limitations and deficiencies of open trial in the context of traditional context and digital era.Finally,the future reform approach is proposed to solve the existing problems.What can be realized under the framework of the existing reform measures is to further improve the legal rules of the open trials and to promote the substantive content of open trial with external regulations and internal efforts of judges.It is also necessary to explore the new model of “response” openness to break the one-way flow of trial information,taking the demand of social right to know as the guidance to better achieve the effectiveness of open trail.2023 is the final year of the fifth Frameworks of Five-year Judicial Reform for People’s Courts.Under the support of Internet technology,the breadth and coverage of the trial openness has been further expanded.However,the reform measures seem to take technical method more serious than the value of open trail,emphasizing the construction of the smart court and information platform,ignoring the targeted reforms from the internal logic of disclosure.The problems exposed in the reform should be solved in the reform.The complete and mature trial openness system is still in the process of construction.Therefore,we should not forget that the original intention of open trial is to realize judicial justice,promoting reform with reflection to make open trial truly become an indispensable part of the virtuous circle of justice.