Analysis On The System Of Publicizing Judgment Documents

It is well known that, having risen to the level of the constitution, the principle ofpublicizing trial is a basic principle of the trial and an important cornerstone of modernlitigation. The judgment document, as a carrier which reflects the result of trial activitiesof people’s court, is a way to reflect justice and authority of judiciary. As the socialisticidea of rule of law is deeply rooted among the people and democratic rule of law is built,whether referee instrument is made public reflects from the side whether judiciary of acountry is democratic and fair.As what has been stated by western jurists Mr. Berman in his book Faith andOrder: The Reconciliation of Law and Religion that it is impossible to talk about justicewithout making public, justice should not only be achieved, but also be in the form inwhich people are able to see. Making judgment document public is exactly makingjudicial activities run under the sunshine and exposing justice products under sunshine.But simply emphasizing on publicizing judgment document rather than the time andthe efficiency of it is absolutely undesirable because justice delayer is justice denied.Therefore, by instituting and developing system of publicizing judgment document inorder that "reverse coercion system" is formed, the judge will be forced to try cases justlyand improve their skills and judicial efficiency. In this case, judicial activities will bepublic and transparent and corruption in judiciary will be prevented.Under this system, a high-quality judgment document is produced, which allow theparties to see the judgment results even more clearly so that the public can achieve justicein a visible way. Ultimately, justice would be embodied, and judiciary has won the publictrust, and judicial authority is upheld.Based on the trend of publicizing judgment documents, relying on the current legalenvironment, this paper intends to discuss this topic, which is divided into three parts:Chapter one is introduction including background, significance, methodology of thisresearch.Chapter two is historical process. Making historical process as main line, system ofpublicizing judgment documents is divided into startup stage, the initial stage ofdevelopment, the rise phase and comprehensively promoting phrase. This part willelaborate the four stages one by one. Meanwhile, this part will also present thedevelopment history of this system in Hong Kong, Macao and Taiwan as well as several developed countries, which pave the way for the current operating mechanism.Chapter three is the current situation and the problems raise, namely currentlegislation of system of publicizing judgment documents, current research status of thetheory, and current status of practice. With regard to the current situation, this thesisfocuses on the related legislations and their judicial interpretations; with regard to currentresearch status of the theory, this thesis discusses substantial publicizing; With regard tocurrent status of practice, through network acquisition, consulting judges, sorting outjudgment documents and case study, current status of practice is analyzed; at last, byintegrating the above three current statuses, the problems encountered in the process ofdevelopment of this system are reflected.Chapter four is improvement of the system of publicizing judgment documents. As tothe problems encountered in the operating process of this system, grasping in the macrolevel and handling in the micro level, such as making clear publicizing body, improvingcontent publicizing and publicizing procedure, etc., can improve this system well.