Research On Improving The System Of Public Judgment Documents On The Internet

According to the "Supreme People's Court's Regulations on the People's Court Releasing the Provisions of Judgment Documents on the Internet" (law (2013), release No.26), the people's court's judgment documents have been releasing in the China Judgment Documents Website since January 1, 2014. As of the end of June 2016, there is a total of 18 million 833 thousand judgment documents released on the website from the national courts at all levels. In August 30th,2016, the Supreme People's Court promulgated the judicial interpretation of the revised judgment documents online, cleared and expanded the scope of the public judgment documents online, refined processing technology measures, improved corresponding working mechanism. Although in the recent three years, the effectiveness of China releasing judgments online is significant, but due to the influence of the judicial idea, the quality of the documents, information technology infrastructure and other factors, there are still many problems in the regulation and execution of the system, reasoning of the judgments, privacy protection of the parties, the case guidance role etc., the online judgment documents system did not reach the expected goal, is still a certain distance to go to realize its fundamental value, and needs to be further standardized and improved.This paper is divided into five parts to analyze. The first part is to introduce the system development of the online public judgment document and the revision of the new judicial interpretation. The second part through the analysis of the status of public judgment document online system operation in Yunnan Province three level Court, to explore the existing problems in the operation of the system:the main problem is that the judgment online is not comprehensive, timely announced, the technical treatment is not standardized, and the lack of rational reasoning of the judgment. The third part mainly analyzes the problems of the court releasing the judgment documents online:not perfect legal basis and the provisions of online judgment, lack of protection for the privacy of the parties, lack of the feedback restriction mechanism and supervision mechanism and the gap between the expected value and the legal practice. The fourth part analyzes the factors affecting the operation of the online judgments system: the influence of "judicial power individualism", the influence of judges' pressure on the effectiveness of documents going online, the low involving of the public and the parties. The fifth part proposes to improve the legal provisions of the online public documents, pay attention to improve the quality of judgment documents, attach importance to the protection of privacy, improve the feedback control mechanism and supervision mechanism, improve case guidance and case reference system and related suggestions, in order to further promote the work of public judgment documents online.