| The principle of open trial is an important principle in China's criminal -proceedings. However, for long this principle has been simply understood as the opening of the court session and the judgment announcement. The opening of the criminal award which contents the whole action has been totally ignored. This paper set the direction for the researches on China's criminal award reform which is based on the principles of openness and fairness.The principle of open trial, as an important principle in China's criminal proceedings, should not only open in text structure but also open in judge's mental impression and -reasoning according to the fact. The implement of the principle of openness in the production and declaration of criminal award has positive functions for the realization of the open and just value concepts, the reconciliation of. disputes, and the safeguard of stability and so on.Through the comparison of the criminal awards in continental law system and Anglo-American law system, they have different legal origins, but the trend of concentrating on reasoning, demonstrating and analyzing is quite the same. The discussions about the reform direction of China's criminal award is to make clear that justice promoted by openness and proclaiming awards are the most significant measures combining with the present situation that there are several abuses in the fabrication concept, form and content in China's criminal award. Strengthening the vigor of reasoning is to make the criminal .award not only open in text structure but also open in judge's mental impression and reasoning according to the fact. Using the principle of open trial as the theoretical basis, addressing the disclosure of different opinions of collegiate panel and the jury and establishing cases guiding system with Chinese characteristics are the way to improve the ability of law enforcement, and the criminal award will be a window to show China's legal system, the conception of rule of law and legal culture. |
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