The Examination And Perfection Of Public Judgment In China

The judgment documents are the the factual records and epitome of rulingactivities, reflecting the whole process and final results of the judicial adjudication.The judgment documents openess not only reflects the principle of the people’s courtto carry out public trial and determination to accept supervision widely and topromote fair by public, but also safeguards the rights to know and supervise of theright parties and the social public, which provides a platform for courts to unifylitigation standards and to balance power of courts and rights of the parties.However, compared with western countries, Judicial Openness in our nation isnot that satisfying. Even though the Supreme Court has devoted great efforts on thisfield, carrying out many instruments, such as the Notice of the Supreme People’sCourt on Issuing the Opinions on Strengthening the Work on Judicial Openness in thePeople’s Courts, Notice of the Supreme People’s Court on Issuing the Six Provisionson Judicial Openness as well as Provisions of the Supreme People’s Court on theIssuance of Judgments on the Internet by the People’s Courn rts, the effects are stillnot as well as that in west countries. This paper analyzes the current situation andproblems of Judicial Openness. Based on these analysis and discussion, it putsforward a series of measures to solve these problems with the wish that they may helpto improve this system.The existing problems are as follows. First, there are little laws concerning thisfiled. Second, the professional quality of judges are not high enough. Third, there aremany problems on judgment documents, such as the mistakes, the words and phrasesemployed in the documents are too professional and abstract and etc. Fourth, themechanism of Judicial Openness are not perfect, for example, we lack a nationalretrieval platform and lack of supervision and accountability mechanisms.Focusing on the problems above, this paper starts from the following aspects.First, it suggests that a more detailed legal regulation should be set up to clearly statethe scope, ways and procedure of judicial documents openess. Second, it maintainsthat the professional quality of judges should be enhanced. Third, the judicial documents should be checked before it was made public, and also should be specificand persuasive. Last, we should improve the mechanism of Judicial Openness andresponsibility mechanism,and set up a national retrieval platform and website.