Research On Judicial Openness In Network Times

The emergence of the Internet subverts the traditional way ofinformation transmission, it also achieve the revolution of information communicationtechnology. The process of judicial reform along with the network popularization andinnovation tend to further development in the depth and breadth. Judicial Openness isa fundamental principle recognized in the constitution and the laws, furthermore, it isan important approach to realize the right to know, to supervise and to participate. Atpresent, one of the important reasons leading to “judicial injustice” and “judicialcorruption” is the untransparent judicial process and “black-box” phenomenon is veryserious. The best way to prevent the abuse of judge’s power, that is, the judicialactivities under the supervision of the public, and the key to the public supervision’srealization of judicial rights lies in the judicial openness. This paper respectively fromsix parts discusses the judicial openness under network era，analyzes the value ofjudicial public network, the paper expounds the judicial problems needing attention inthe public network, puts forward some suggestions for perfecting, wants to buildpositive interaction of judicial public and network.The first part is the preface，the preface part is the introduction to this paper topicselection, including the significance of selected topic, the definition of the judicialpublic as well as judicial public on network age, the related research in the aspect ofjudicial public at domestic and abroad and the innovation of this paper.The second part of the paper is a simple overview of the judicial openness innetwork era, expounds legal basis of judicial public in network era.The third part introduces the value of judicial openness in the network era, lookfrom the perspective of judicial justice, judicial openness in network times canmaximum limit to ensure procedural justice and entity justice. In terms of judicialauthority,“sunshine justice” makes it possible to satisfy the public participation andsupervision and the right of expression, the openness can bring the audience a senseof security so that court judgment result will be a greater extent of respect and trust.Justice openness give the judiciary a kind of invisible pressure, forcing them tojudicial carefully, prevent money and illegal relationship interfering justice. Thejudicial openness in network will cause the judiciary exercise judicial power under thedemocratic ideals and deal with the cases according to its different situation. Saysfrom the judicial efficiency, judicial openness in network can make more people knowwhat can be done and what cannot be done, also can make the law to get widerpublicity, which has a kind of case guidance function.The fourth part discusses the relationship between network and the judicialopenness, argument on the pros and cons of judicial openness in network, pay particular attention to the protection of citizens’ right to privacy, pay attention toprevent the formation of network of justice, seek the balance of due process and theprinciple of proportion.The fifth part summarizes the main problems existing in the judicial public underthe network environment, network judicial universal access in China also will taketime. For example, the justice openness in network lack adequate financial andtechnical support, standard and unified network to establish to perfect the judicialsystem also has a long way. Network judicial has higher cost of this aggressivepropaganda network judicial information disclosure for the court and theprocuratorate, all need to media publicity and reports, our internal synchronous soundrecording or video recording of all sorts of equipment is perfect, no doubt it willincrease the burden of a case, also bring considerable economic cost of pay. Judicialinformation publicly on the Internet is also likely to lead to citizens’ personal privacyleak, so the information from monitoring the judicial public put forward higherrequirements. Many court only procuratorate the network as a public face project todo, a lot of public content simply involve the supreme people’s court or the supremepeople’s procuratorate on some provisions of the public, and no case specificinformation publicly, court, procuratorate’s website, weibo, micro letter has become adecoration, and so on. Judicial transparency is not completely open, and theopenness’s scope need to limit, to ensure the justice of the value orientation of publicshould pay attention to protect the privacy of the parties and the balance of thepublic’s right to know, pay attention to the due process principle and proportionprinciple of coordination in the multi-dimensional value maximize through public toachieve the effect of judicial justice.The sixth part divides into building the positive interactive between the networkand the judicial openness offers advice, including perfecting the judicial websiterelated software, expand the ODR application in judicial openness, standard networkpublic opinion supervision, and trial broadcast system, and improve the system ofmedia access.Internet era brings new challenges to the judicial public with many data online, aswell as the judicial openness also brings new opportunities. This article will mainlydiscuss the value of judicial openness under the network era and the existing problems,and some suggestions of the individual, I hope judicial openness can puts gloriousgreatly under the network era, people willing to believe in the law and justice, enablesthe rule of law under the premise of justice moving forward.