Reflections On System Of Judgment Documents Publicity Online: In View Of Law And Economics

As a significant reform measure in field of judicial publicity, System of Judgment Documents Publicity Online is a judicial channel, which realizes fairness and justice in such a visible way. Other than viewpoints of fairness and justice of traditional schools of law, Law and Economics analyzes legal problems in view of economics, following after realizing judicial justice, on the basis of improving judicial efficiency to cherish and reasonably use scarce judicial resources. The contradiction between efficiency and justice is not coordinating. In view of Law and Economics, justice exists in two sides or many sides whose interests are inconsistent. Law will be caught in selection dilemma, because protecting each one’s justice will bring about the consequence of injuring the others’ justice.However, the efficiency value of Law and Economics is committed to the maximization of whole social benefit. This value helps law get rid of selection dilemma, and provides determinant for citizen to make prospective choices. In the way of making judgment documents public, System of Judgment Documents Publicity Online can pursue judicial justice in a visible way, and can provide citizens legal guidance in the most economical method. So, it fits in with efficiency standard’s requirements on judicial justice.System of Judgment Documents Publicity Online will control litigation effectively.This system facilitates judiciary authorities to open cases and trial results. Therefore, it can impact the litigants’ psychological attitudes to prosecution, and can transmit the probability of correct judgment. System of Judgment Documents Publicity Online pursues to restrain the abuse of suit right and to improve case quality. Thus, it can save the judicial resources.Appeal procedure is a kind of judicial remedy for the party who disobeys the first instance judgment. However, appeal procedure discourages the abuse of appeal right. By means of providing statistical information of the probability that the judgment of second instance changes the original sentence, System of Judgment Documents Publicity Online makes the appeal separation mechanism interact. That is in favor of improving the quality of appellate case, reaching the equilibrium between saving judicial resources and protecting the rights of citizens, and encouraging citizens to choose appeal procedure nationally. Popular will requests to System of Judgment Documents Publicity Online, too. Based on reason,popular will can affect the development of System of Judgment Documents Publicity Online. The judgment documents that adopt popular will fully can not only obtain the parties’ recognition, but also can save appeal cost which is on account of defying the first instance judgment. As an easily violated right, privacy right deserves sufficientconsideration and protection in System of Judgment Documents Publicity Online. This system should not gain earnings of judicial publicity at the expense of infringement upon privacy right.By means of Law and Economics tools, this paper is designed to provide theoretical support for a better development of System of Judgment Documents Publicity Online,avoiding unnecessary mistakes. Cost-benefit analysis is the most basic analysis tool of Law and Economics. This paper aims at using the minimal judicial resources to receive the maximal judicial income. As an evolution of cost-benefit analysis, the system of fair use has provided comparatively overall consideration on how to use relevant legal methods modestly. This paper is designed to take advantage of Law and Economics to analyze System of Judgment Documents Publicity Online, which not only can promote judicial publicity and justice, but also can facilitate this system to pay attention to judicial efficiency adequately.