Minor Criminal Case Open Trial Question Research

The minor open trial system took one item to provide the judicial protection for the minor the system already to appear in the 50s in 20 worlds, and has become the most countries in the judicature the safeguard and a promotion human rights item of national system.At present, introduced that domestic and foreign assigns the theory which and the experience the defense, takes into custody alone, processes separately are many, but studies the minor open trial question few, in view of this kind of condition, it is necessary to carry on the discussion to the minor open trial elementary theory question.This article uses the comparison research, the value analysis method to carry on the desk study to this systemThe full text altogether divides into three parts.The first part, minor criminal case open trial basis.Launches from the trial public principle with the open trial two aspects.Places on trial publicly, is as the name suggests the People's court places on trial the case process and the decision must carry on publicly besides the special regulation, the permission public audits, the media reported that do not the secret carry on private.The open trial principle's basis, says from the law just value, the law most important and the ultimate value realizes the justice.Just must be advance which can see, in the closed trial with acts arbitrarily personally under the premise is impossible to realize justly, even if the result conforms to the justice, that improper will also overrule because of its procedure.From the human rights angle, the trial public is a citizen right to know important aspect.But, the minor criminal case trial is a trial public principle exception.Our country underage criminal case open trial's legal basis is our country "Law of Criminal Procedure" the 125th second section,This funds stipulated that our country to the minor places on trial, if has the necessity public trial, must pass through this courtyard chief to authorize, and should limit the audit population and the scope, but to has not audited the population and the scope gives the concrete provision.The international law basis is "Rights of citizens And Political rights International convention" the third part of 14th first section.In addition, the minor open trial conforms to the basic human nature, can cause the trial to carry on smoothly, but is also advantageous in the minor returns the society.The second part, minor criminal case open trial research quite.American, British, German, Russian, Taiwan country and the area to the minor open trial including the trial process not public, the court record and other documents not public, the decision way limited public, in the trial report the limited report, the defense apply for the open trial.The so-called trying process is not public, is refers to the court when holds a court hearing the underage criminal case, the limit participates in the personnel who appears in court, the trying process to the social ordinary populace is not public.Our country places on trial to the minor adopts"above 14 years old less than 16 year-old minor crime case, all public trial.Above 16 years old less than 18 year-old minor crime case, generally public trial.If has the necessity public trial, must pass through this courtyard chief to authorize, and should limit the audit population and the scope"makes the law, but to has not audited the population and the scope gives the concrete provision.Our country "before Minor Criminal case's Certain Stipulations" has only stipulated the decision to the minor information security, not after judging how to protect the minor criminal case court record and other documents carries on the stipulation.In decision public way, what the overseas partial countries adopt is the decision public limit, namely the underage criminal case decision do not adopt the public way.Adopted"all decisions in our country all publicly to judge""across-the-board ruling"made the law, has not made the special stipulation to the minor criminal case's decision way.Similarly, what adopts in underage criminal case limited report aspect our country is the prohibit strictly report procedure.Finally, the accused person applies for the disclosure system is refers to guarantee that underage criminal case trying fair, should permit the minor suspect or its legal representative applies for the public trial, entrusts with them to apply for the public trial the right, however our country law regarding this and does not have the stipulation.The third part, our country minor criminal case open trial system's consummation.This part of theory relation practice, in found that the problem in the foundation tries hard to enable the system to have the improvement innovation, target-oriented proposed that solves the question way,Including audits the power to the minor criminal case trial in the population and the scope carries on stipulated explicitly that will audit the population limit in the various courts condition dissimilar situation to present the figure in half, simultaneously only permits and the underage accused person has the close relation person to enter the audit;Next, carries on the strict limit to the minor criminal case court record and other document use main body, also permits the underage social benefit organization and the scientific research institution except the underage accused person relative outside consults the minor criminal case court record and other documents, the formulation criminal record eliminates the system and the minute document processing system carries on the necessary management;Once more, to already constituted the crime underage accused person to adopt the decision way with the trial way consistent procedure, lets the decision way and the trial way has the uniformity in the intrinsic logic;Our country minor criminal case trial in is clear about the media related responsibility and the punitive measures foundation establishment limited report system, after the powerful public opinion surveillance involves, the minor criminal case trial will be fairer;Finally, entrusts with conforms to the condition underage criminal case accused person to apply for the open trial the right, constructs our country's underage accused people to apply for the open trial system.