Research On Disclosure Problem Of Judgment Documents

With the idea of democracy and the rule of law rooted in the hearts of the people, people have a deeper look forward to the judicial justice; let the judicial justice become "visible justice", becoming important goals of the judicial reform. The judgment documents are the activities of the factual records and miniature, carrying the whole process of the court and the judicial adjudication’s final results, its public not only reflects the major determination of the people’s court to carry out public trial principle, widely accept supervision, to promote fair by public, also provides the safeguard for parties and the social public to exercise litigation right, the right to know, the exercise supervision, and platforms structures for uniform standard, realize the rights and the power of the benign interaction. However, in the process of the implementation of the public documents, also exists some problems need to be solved urgently. First is due to the lack of specific legal grounds, there are debates on the rationality of the judgment documents’ public in theory, the scope and extent of public documents is difficult to define; second is the lack of unified standards and specifications about judgment documents’ public, cause the courts at all levels formulate the judgment documents’ public work according to the standard of all on its own in the judicial practice, have great difference in the open range, content, procedures and methods; third is the public of the reason to judge is inadequate, part of the judgment documents is just open in the form, pay not enough attention to the most revealing analysis of the resolution method as part of the public, cause the lack of convincing about the public documents, can’t realize the real purpose of public; forth is the lack of relevant security mechanism, setting obstacles for the operation of the public documents work.Investigate the reason, factors restrict the judgment documents public are the following:first of all, it is influence by the function orientation of judgment documents, under the influence of traditional socialism of mainland China, the clerical function is more inclined to settle the dispute but not to form the social and public policy. Second, the public of judgment documents influenced by traditional thinking formulary restraint, if a party believes that "Don’t wash one’s dirty linen in public" and the judge of the court considered public is power. Third, it is restricted by the shortage of judicial resources, the objective conditions limit the judgment documents public on certain level, just as the economic development is not balanced between eastern and western, there are so many cases but not enough people and network platform is not widespread and so on.In view of the above questions and restriction factors, we can solve them from the following aspects:one is to clear the open system of judgment documents in the level of legislation, improve its legal status, make the public of judgment documents should be strengthened, all this real, rule-based; second it is the supreme people’s court shall make a uniform standard as soon as possible, delimit the scope, regulate the programs, and clear the way; third is to strengthen the public reason of judgment documents, let the prevailing party won clearly, the losing party lost clearly, onlookers can see clearly; forth is perfect the security measures, set up the normative document review mechanism, ensure that the judgment preciseness of the documents; establish public opinion absorb and feedback mechanism, changing static public into dynamic exchange; establish the supervision and accountability mechanism, strengthen the sense of responsibility and consciousness about the public of judgment documents by the court.