The Research Of Public Criminal Judgments Online

Criminal judgment is the final result of criminal case. Publication of criminal judgment on the internet is required to achieve procedural and substantive justice. Among all the trial process, criminal case has the greatest social harmfulness, therefore has been an important aspect of judicial transparency. However, affected by the perception of “pay more attention to substance than to process”, the overall quality of criminal judgments is not well, for lack of reasoning and have many flaws. The operation of public criminal judgments online still has some problems. In this way, only sort out the judgments and get rid of drawbacks, can the value of public criminal judgment on internet work out. This passage starts from the theoretical value of criminal verdicts, then combine the experience of other counties, clear the scope and the process of criminal verdicts public online, eventually improve the problems. The full text is divided into 5 parts and about 35000 words.The first part puts forward the main thesis. Stemming from criminal cases, criminal opinions are judicial documents which have legal effect, which is open judging process in essential. Publication of criminal documents online experienced three main stages: preliminary planning, gradual development and comprehensive online. Opening criminal instruments is from the right to know of the public, therefore is an important part of criminal judging openness and an effective way to restrict and supervise judicial authority. The way to access criminal verdicts online has many advantages, it can enlarge the scope of criminal cases that opened, shorten the time of disclose process, uniform judging standards, prosper legal research, and other practical significance.The second part describes and compares experiences of criminal judgments online in other counties. In criminal justice field, putting documents online has become the new obligation of the international society. Other countries have a lot in common, the United States, the United Kingdom, the European Union and Taiwan in China, take much time in designing laws, put the documents online are faster, build various types of databases, provide a variety of searching mechanism and achieve balance between individual privacy and the right to know of citizens.The third part makes sure the range of criminal judgments online, for they must be ones that come into effect. According to Provisions of the Supreme People’s Court on the Publication of Judgment Documents on the Internet(hereinafter referred to as the ”Regulation”), the scope of criminal documents not public online include those do not take effect, ones do not heard in public and other ones should not be disclosed. For this three exceptions, it is easy to define the right time of documents come into effect. However, it is difficult to make sure the scope of opening of the last main part, the provisions are relatively vague, difficult to handle in practice, yet clearly defined scope. In a word, the legislation has many gaps.The fourth part analyzes the entire process of criminal verdicts online. Before we put these legal documents online, we should do preparatory work well, proofread documents correctly, clear time limits and do the inform job. Under the principle of “truly opening”, judges or clerks should do clerical the processing work, ensure the authenticity of judgments online and take individual’s privacy into account. Putting criminal documents online does not mean the end of the whole online process, withdraw judgments have clerical errors and network supervision are equally important.The last part analyzes the current situation of our country’s criminal judgments online and improves existing problems. Only continue to follow up the current situation of online verdict and solve it, can this system runs well. First, for lack of criminal judgment their reasoning and a lot of flaws, it should strengthen the training the ability of judges to write criminal verdict, improve judges’ evidence analysis and reasoning ability, proofread more times before online to ensure zero defects. Second, establish provisions easy to handle in practice, such as mandatory norms and legal procedure of verdict do not put online to avoid put documents online in vain. Then, strengthen the online technology, establish a unified document platform and retrieval mechanism to facilitate citizens. Finally, follow up the situation after online, thus making public criminal verdict online an effective way to supervise judicial trial.