Research On The Running Of The Public Principle Of The Basic People’s Court In China

On the judicial openness, China’s "constitution" of the 125 th provisions: "the people’s court hearing the case, in addition to the special circumstances of the provisions of the law, shall be open to the public". This is the constitutional right of the judicial disclosure requirements. In October 2014, eighth session of the Fourth Plenary Session of the Party Central Committee passed the "CPC Central Committee on promoting the rule of law certain major issue decision"(hereinafter referred to as the "decision") of political science and law publicly put forward the new requirements: "open, dynamic, transparent, convenient sun judicial mechanism construction. Promote the trial of public and legal information disclosure". Can be seen, the judicial openness will become a new round of judicial reform, a major highlight. However, in practice, we find that the core content of the trial and judgment of the Internet is still the focus of the court in our country at present, especially the grassroots courts. That is to say, the construction of the judicial public mechanism is still in the primary stage. A series of problems exposed in the process of judicial disclosure, we need to solve the problem. March 2015 Chinese Academy of Social Sciences released the China judicial transparency index report(2014), in the number of evaluation, Ningbo Zhejiang City Intermediate People’s court to 89.02 points in all of the court in the first rank. It can be said that the judicial public work in Ningbo area, and even the national 2court of justice, the author of Ningbo City Intermediate People’s Court of staff, combined with the actual situation of Ningbo District 11 grassroots courts to find the problem and seriously study, while the Ningbo grassroots courts in judicial practice and experience to introduce, hoping to find a more perfect way to promote open justice to further development.This paper is divided into three parts, the first part is mainly carries on the analysis to the Ningbo grassroots courts open work status, improve focuses on three small pieces of content: one is the overall situation of the judicial openness, specific performance for the judicial transparency index 9772, justice in the public network and integrated previews, judicial public regional balance. Two is the specific measures of judicial openness, focusing on the opening of the trial, the construction of the portal, the referee instruments open, the implementation of public platform and the court’s internal disclosure practices. Which the trial process open and introduced the Litigation Service Center, public service platform, litigation service hotline, trial broadcast, micro channel, micro channel, micro channel five aspects of new media content; portal website construction describes the main features and content of Ningbo grassroots court portal platform, the referee instrument public information system, the implementation of public platform mainly introduced the implementation of information inquiry system, the implementation of command center, and the network judicial auction three aspects of the current Ningbo grassroots court. Three is introduced Ningbo grassroots courts judicial openness characteristics, including judicial open gradually to standardization trend, judicial publicly insisted that based on the principle of open, not open to exception, judicial public pay more attention to demand as the guidance, information to further enhance the procedural justice civilized and convenient four aspects.The second part focuses on the analysis of the value of the justice of the basic courts in Ningbo and the realization barrier, which is divided into two parts. The first piece of content analysis of the value of justice, mainly including boosting the judicial justice, improving the credibility of the judiciary, to curb corruption, forced court to improve the work of three aspects. Second pieces of content analysis of the performance of the judicial disclosure of obstacles, including the need to further enhance the public concept of justice, the judicial disclosure of the content to be further deepened, the construction of the judicial public platform is not perfect three chunks of content. Which the concept of open justice to be further promoted in the following several aspects of the analysis: "power oriented" leading obvious, the judge of the judicial openness of the exclusion of psychology, public participation in the public participation is not strong. The contents of the judicial disclosure need to be further deepened, there are three aspects of the main open, the public is still open, the public is not perfect, the standard of information disclosure is still not unified. Open platform for the construction of the judicial system is not perfect, including the information disclosure of the portal site is not strong, the public is not timely, judicial openness is not strong enough, the litigation service hotline is not ideal, the new media use is not enough content in five aspects.The third part puts forward the ways and measures to deepen the judicial openness of the grassroots courts, including the contents of two aspects, one is the path choice of the judicial openness, the procedure of the public, the public and the public. The second part of this part puts forward the improvement measures of judicial openness, mainly from the establishment of the correct public concept, deepen the content of the judicial public, strengthen the platform construction, promote the reform of the judicial system, improve the judicial supervision of the four aspects. The establishment of the right of judicial justice is the main guide the judge to establish the correct judicial public concept, eliminate the conflict between public and privacy protection, strengthen the interaction of the judicial openness, pay attention to the cultivation of legal faith four aspects. In the deepening of open justice, strengthening platform construction, it puts forward to promote the independence public platform construction, improve the judgment document online, judicial innovation open new ways and perfect the right to relief four aspects. To promote the reform of the judicial system, the reform of the judicial independence, the judge team building, the people’s jury system, the judicial committee system and the five aspects of the judicial integrity. Perfect the supervision and relief mechanism of the judicial public mainly includes four aspects: the internal supervision, the mass supervision, the people’s Congress, the CPPCC and other state organs, and the media supervision.