Open Trial Of Public Order Exception

Open trial, as the principles of legislation in many countries generally adopted, isnot only an important condition of democratic politics but also an inevitablerequirement for fair trial and the citizens’ right to know. Along with our country’sjudicial system deeply reformed, the democratic consciousness of the public continuesto enhance. In criminal justice, open trial can ensure the public’s right to know and tothat justice should be open and transparent. But the public trial is not absolute, oninternational society a lot of countries will involve state secrets, personal privacy andprotection of juvenile crime, morality or public order benefits in special cases as anopen trial of exceptions. But in our country criminal procedure law expressly providesfor only three kinds of cases the last sentence referred to can not open trial, excludingthe case of protecting public order of special interest. Public order concerns the socialpublic interest law and the moral order, and plays an extremely important role in thesafeguard of trial order, judicial justice, public interests and so on. Therefore, it isnecessary to consider it as a public trial of exceptions. In this paper, I have carried onthe preliminary research and discuss through the comparison and analysis to the opentrial in public order exception provisions of the legislation and its characteristic,unifying our country’s criminal activity legislation present situation. I try to constructour country’s public order exception rule the criminal procedure law, in order toperfect the relevant laws in our country, to better safeguard the legitimate rights andinterests of the public and realize social equity and justice.Besides the preface and conclusion, this paper is divided into three parts, eachpart of which more or less as follows:The first part is a comparative analysis to public order exception in open trial.First of all, the international standards have basically established the open trialprinciple and standard, but at the same time also expressly let the public order, specialinterest situation left out in the open trial. Moreover, the public order as a public trialexceptions have been recognized by the means of legislation in many countries suchas the United States, Britain, France, Germany, Italy, Japan, Russia and some othercountries. In these countries, these cases can be classified as disturbing public order and decency and damaging the rights and interests of two categories. Secondly, mostof countries are stipulated explicitly the open trial for public order exception withstatutory form. They combine the completely closed not open with partly one. Theflexible form can be better coordinated public order and litigation benefit conflict.Finally, the public order exception can be classified into four kinds: to protect theinterests of parties, to arrest the criminal suspects, to protect the relevant evidence, toprotect the trial order. These provisions can balance the conflicts of citizens’ right toknow and special one’s interests.The second part is our own open trial of public order exception. Based on therelevant laws in our country, in China the Constitution and Criminal Procedure Lawmake special provisions on the open trial and its exceptions, but did not include the"public order". However, from these three aspects we can see that China’s publicorder exception provisions of public trial have its necessity: to ensure public specialinterests; to ensure that the lawsuit smoothly going on; to safeguard judicial justiceand the social order. Finally, from the present situation, I will give some examples forsome not open trials in order to protect public order in the judicial practice of ourcountry, combined with China’s specific national conditions, to further explainChina’s legislation on public order exception having its legitimacy and rationality.The third part is talking about the principle of operation to our open trial ofpublic order exception. First of all, we should let open trial of public order exceptionslawful, to protect the criminal involvement’s rights and the social public’s right toknow, to prevent invasion to privacy of the abuse of public right; Secondly, thecase-handling personnel specialization, promoting a fair trial, safeguarding the publicinterests of society needs; Finally, we should improve the public trial of the publicorder exception relief system, and construct the corresponding procedures, to make abalance between the protection of public interests and safeguarding the defendant’sright.