Investigation And Analysis Of Present Situation Of Publishing The Criminal Adjudicative Document On The Internet

It is significant to make the criminal adjudicative document overt on the Internet,which can contribute to procedural justice and substantive justice.Since the enactment of Five-year Reform Program by the Supreme People’s Court in 1999,the adjudicative document has accelerated the publication pace.After that,multiple laws and regulations about regulating judicial openness were released one after another,especially The Regulations on Openness of Adjudicative Document on the Internet by People’s Court,published in January 1,2014,provides a basis and guarantee for the system of publishing the criminal adjudicative document on the Internet.It is undeniable that publishing the criminal adjudicative document on the Internet has made significant progress.However,because it just began for two years,there are still many problems and shortcomings,which needs to be further improved.Thus,In this paper,I will take the date about publishing the criminal adjudicative document on the Internet by the courts at all levels in Shanxi Province as the sample,combined with the results of questionnaire surveys and interviews,through empirical analysis methods,comparative analysis methods and the value analysis method,concretely analysis the problems and reasons,and put forward the corresponding improvement suggestions.The full paper is divided into three parts,including sixteen thousand words.Part one focuses on the current situation of publishing the criminal adjudicative document on the Internet in Shanxi province.I take the date of recent two years about publishing the criminal adjudicative document on the Internet by the courts in Shanxi Province as the sample.Combined with the results of the questionnaire survey,the paper will analyze the present situation of publishing the criminal adjudicative document on the Internet in Shanxi Province from three aspects,such as,the content,operation and function.Part two pays more attention to the problems and reasons in the process of publishing the criminal adjudicative document on the Internet in Shanxi province.Combined with the results of the statistical analysis in the first part and other data,the paper will analyze concretely existing various problems in the process of publishing the criminal adjudicative document on the Internet in Shanxi Province,from three aspects of the content,operation and function.And the paper will analyze the cause of these problems from the three aspects of the concept,value and system.Part three centers on the suggestion to improve the system of publishing the criminal adjudicative document on the Internet.In view of the existing problems in the current situation of publishing the criminal adjudicative document on the Internet,combined with the deep reasons found,i puts forward suggestions for improvement from three aspects:the concept level,the value level and the system level.I believes that the publishing the criminal adjudicative document on the Internet should not be a mere formality,but it should be fully implemented.We should not only pay attention to increasing in the volume,but also note the improvement in the quality.According to lots of existing problems in the work of publishing the criminal adjudicative document on the Internet,I suggest that the courts at all levels should devote themselves to effectively dealing with the conflict between public power and private rights,and establish and improve the strict cancellation procedure,risk assessment system,performance evaluation system and supervision mechanism about publishing the criminal adjudicative document on the Internet.