On Making Public Of China’s Judgment Documents

Judgment documents are legally binding written conclusion made by the court in accordance with the truth of the case and relevant laws, which are the results of the court’s execution of jurisdiction regarding a specific case and the embodiment of state will. Along with strengthening of judicial reform and constant improvement of judgment documents reform, under the guidance of new judicial concepts and advocacy of open trial, public judgment documents and internet system of judgment documents have attracted the attention of theory circle and judicial practice circle, meanwhile, the supreme people’s court and the local people’s court at all levels are enthusiastically making public of judgment documents. Although making public of judgment documents is in the ascendant, some problems still exist. In order to bring public judgment documents into full play, this essay discusses existing problems of disclosure of judgment documents for improving public judgment documents and reaching the goal of open trial by adopting analytical method and method of combining theory with practice. This essay starts with functions and existing problems of judgment documents, then comes the system of public judgment documents, analyzes its nature, theoretical basis, international norms and practical significance, and then analyzes the current situation and major existing problems of disclosure of judgment documents, finally, puts forward measurements for improving the disclosure system of judgment documents in our country.This essay is divided into three parts and the main contents are as follows:The first part, Overview of making public of judgment documents. Making public of judgment documents means that the courts release judgment documents produced by them to the public through newspapers, journals, Internet and other media. Making public of judgment documents has the following features:The public nature of the multiplicity, legitimacy of the disclosure, participation of public process, extensive of public objects. The connotation of open trial and open justice should be consistent. Thus, to some extent, open trial and open justice is the same connotation. Judgment documents with external necessity and internal legitimacy. External necessity is the external target. Internal legitimacy refers to the basic principles of public documents, namely why to be open the instrument and decided by its nature.The second part,the problems of making public of judgment documents. The problems are as follows. Firstly, it is lack of uniform standards; Secondly, it does not protect the legitimate rights of the parties well; Thirdly, it does not make good referee reason public well; Fourthly, it is lack of supporting mechanisms; All these problems hinder it works well.The last part, In response to these problems,they can be solved from the following aspects: Firstly, unifying standards of the making public of referee documents, developing a unified, strong operational legal norms, the precise scope of the making public of referee documents, establishing a unified platform for online public; Secondly, strengthening the protection of the legitimate rights of the parties; Thirdly, strengthening the making public of referee reason; Fourthly, establishing and improving supporting mechanism, establishing a review mechanism before making public of referee documents and feedback mechanism incentives, accountability mechanisms after making public of referee documents.