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The System Of Opening The Judgment Documents

Posted on:2016-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GengFull Text:PDF
GTID:2296330470965519Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With judicial reform, China’s judicial reform depth and width are constantly expanding, ideas of democracy, the rule of law is also slowly popular. Goal is to make the rule of law and justice highlight, not only want to achieve justice, but also to "visible way to achieve." Court documents show the referee is static trial activities, a record of the whole process of judges hearing the case, and is the most effective carrier court judge results, the final verdict of the Court should be presented in the form of the verdict. It seems that the public judge the performance of the instruments on the one hand on monitoring the implementation of the Court of Justice of the public system, there is a strong acceptance of the masses "execution", on the other hand, for the parties and the public’s right to know and the exercise of supervision to provide effective protection.But in the course of the referee is not open documents easy, everything happens for a progressive, open the referee instrument is no exception, in the course of the implementation of this system can not avoid some thorny issues that we need to solve. For example: the development of standards and open range of instruments referee uncertain; lack of judgment documents disclosed that reason, it is difficult to establish the legal authority; right after the open court to bring the conflict; increased public pressure on judges; set open platform imperfect; Referee protection mechanisms are not perfect after disclosure documents and so on.In view of the above analysis of the problem, this paper intends to open the referee instruments, from the public point of view of its network analysis: Firstly, the meaning and significance of the referee instruments and instruments disclosed its overview. Second, is the instrument by comparing the domestic and international referee pathway leads to a network of publicly stated publicly foreign network can learn from, again, is for the status quote referee instruments to analyze the network open, and pointed out the problems in public networks. Finally, an effective way to solve the problems and suggestions.
Keywords/Search Tags:Judgment Documents, Publicity, Right to know, Right of privacy
PDF Full Text Request
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