| Along with our country’s judicial reform, public judicature becomes the focusof attention of the community. On the judicial public eager attention is reflected inhigh speed development of our country’s politics, economy and society, but also thepresent our country political life and social life of the inevitable requirement. Atpresent, China’s theoretical circles and practitioners increasingly attach importanceto the study of public judicature more and, in a number of research results have beenproduced, but mostly stays at the technical level, the basic theories of publicjudicature less. This study tries to start from the basic theory, and then study thepublic judicature specific system and suggestions for improvement.In this paper, from the general theory of public judicature, in concept,characteristics, theory and value basis, illustrates the current public judicature systemcontent, procedure and its shortcomings, and then put forward the perfect judicialpublicity system scheme.In the basic theory of public judicature, that public judicature originated fromthe theory of human rights, judicial democracy theory and the theory of due process,is the embodiment of the citizen’s right to know, right to participate, to express andto supervise in the judicial field and carry out the. At the same time, the publicjudicature is also requires our country constitution, China is the people’s democraticdictatorship socialist countries, democracy is that the people be in power, also wantto reflect the basic principle in the field of justice, public judicature is this principlein the judicial field to a realization form. In addition, since the modern times, theconcept of people-oriented and gradually win support among the people, the peopleas the purpose, rather than a means to become another expression of people-oriented,reflected in the law on the formation of the due process theory, this theory to thedignity of man as the starting point and destination, the program design to avoidinfringing upon human dignity, justice information is an important resource formaintaining this dignity, public judicature becomes the proper meaning of due process. In the aspect of judicial public value, think of judicial openness helps topromote judicial justice, help to enhance the credibility of the judiciary, helps toestablish the judicial authority, help to improve judicial efficiency, help to improvethe education research.Based on the above analysis, the paper on the current judicial publicity systemundertook combing, expounds the judicial open content, open, open, namely casecourt public hearing, document is public, the public execution and trial publicly, hasanalyzed the judicial form of public authority, according to the public and publicdepending on application. On the basis of this, think our country judicial publicityhas the following problems, one is the lack of understanding of the meaning ofjudicial openness, didn’t realize the judicial openness of judicial justice, judicialpublic faith, the judicial authority and judicial efficiency of great significance, soenough attention. The two is the open system of justice is still not perfect, such asthe mechanism of the legal basis for the lower ranks, open justice system is notperfect etc..Finally, this paper proposes the improvement and the proposals and measures toimprove the system of public judicature. One is to construct the judicial form ofpublic judicature, such as the unified search platform, live trial platform. The two isto improve the content and program design, especially for the file open, judicialpublic trial program design, public service and public put forward more specificcomments and suggestions. Three is to improve the supervision system of judicialopenness, such as expanding the contents of supervision, the information that shallbe disclosed all included in the scope of supervision; and as to broaden the channelsof supervision, the establishment of the public, the media, the NPC and the superiorjudicial authorities of the long-term mechanism. |
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