China promulgated in2008the "PRC Regulations on Open Government Information"hereinafter referred to as ("Regulations on Open Government Information"), publiclyavailable information for the government a legal basis, from the government informationdisclosure to the public criminal justice information should be modern and transparent judicialmeaning."Open Government Information" promulgated more than four years, on aspects ofcriminal justice information disclosure legislation has been a blank, which makes ourcountry’s criminal justice information disclosure relief for lack of legal protectionmechanisms reasons, can not be citizens of the criminal justice the right to full disclosurerelief, therefore, to establish and improve China’s criminal justice information disclosurerelief mechanism is very important.In this paper, comparative analysis, synthesis, analysis and other methods, through ourcriminal justice information disclosure of the actual situation analysis and comparativeanalysis of the mechanism of foreign relief, hope for the establishment and improvement ofour criminal justice information disclosure relief mechanisms contribute to their modest. Fulltwenty thousand words, except for the introduction, conclusion is divided into three parts.The first chapter discusses the Chinese criminal justice information disclosure status andproblems of relief mechanism. Mainly from China’s criminal justice information disclosurerelief mechanism reality, analysis of the current information disclosure of China’s criminaljustice legislative status of relief mechanism, the relative status of the application of reliefmechanism, information disclosure that the criminal justice system there is a lack of the rightto relief based problems, lack of legal basis and the violation of a public trial is not sufficientrelief and other issues.The second chapter deals with the criminal justice information disclosure reliefmechanism model. Addresses the international standards of criminal justice information in thebasic right of publicity-the right to know and the principle of open trial, and comparedSweden, the United States, Britain, Germany, Italy, Japan, Russia, South Korea, Taiwan, thedifferent mechanisms of relief, these remedies mechanism in accordance with nationalinformation disclosure law disclosure obligations in addition to government agencies outsidethe main body contains two types of courts and other public institutions, including the court for the time being referred to as the "big open" mode, Sweden, Britain, Russia, South Korea,China Taiwan, which does not include the court’s being known as the "small open" mode, theUnited States, Germany, Italy and Japan. Pointed out that the "big open" model will becomethe development trend of information disclosure, China should adopt a "big public"information model.Chapter III discusses the Chinese criminal justice improvement of information disclosurerelief mechanism. In this paper improve our criminal justice information disclosure reliefmechanism of the four measures: First, right into the "constitution"; second, includingcriminal justice information, including the establishment of the unity of Information Act; thirdis the establishment of the Information Commissioner and Information tribunal system; fourthis perfect in the second trial against the principle of open trial remand system. |