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The Theoretical And Empirical Research On Civil Open Trial System

Posted on:2009-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2166360245464110Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"No openness, no justice". Open trial system is an important judicial system that is extensively adopted in legislative and judicial activities by all the countries. As an important right for the parties in lawsuits, it is favorable to press ahead with judicial democracy, and is the basis and prerequisite of judicial justice as well as an inexorable requirement to realize procedure justice. The system makes it possible for people to restrict the judicial power, which further strengthens the legitimacy and authority of the judicial, enhances peoples'sense of trust to the judicial system, and finally accelerates the process of law democracy process.Open trial system was promoted early in the Middle Ages which in that time to combat judicial arbitrariness and secret trials. At the beginning, it was only an exclusive system applied in criminal cases. With the progress of political democracy, it became a common system advocated in all procedural laws. While in civil lawsuits, this system shows stronger protection of private interests and other special qualities. Based on these special properties,this paper gives interpretations on the hot issures occurred in the course of civil open trial system's practices, taking open range,live TV trial, open judgments for example, and establishes a guarantee mechanism to civil open adjudication system.
Keywords/Search Tags:civil open trial system, value, range, guarantee
PDF Full Text Request
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