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Research On The System Of Judgment Documents Online Publicity In China

Posted on:2018-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:S C NiFull Text:PDF
GTID:2336330515973556Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The judgment document is a legally binding conclusion made by the court according to the facts of the case and the law,is also a result of a court exercising jurisdiction over a particular case.It is the carrier of the verdict of the case,the record of the trial process,and the declaration of law.With the increase of the judicial reform,the reform of the judicial documents is further promoted.Online publicity of judgment documents has attracted the attention of both theoretical and practical circles under the guidance of the new concept of justice and the principle of open trial.The Supreme People's court and the local people's courts at all levels carry out the relevant work of the referee documents online actively.Now is the Internet Age.The deepening of judicial reform also need to rely on the Internet to promote,the rapid development of the Internet provides a new platform for online publicity of judgment documents,making it easier and more efficient.?The online publicity of judgment documents plays an important role in the realization of judicial openness,the protection of civil rights,and the improvement of judicial credibility.In the third Plenary Session of the 18 th CPC Central Committee,the Party pointed out that it is necessary to promote the open trial,to strengthen the legal instruments,and to promote the effective judgments of the court.In the fourth Plenary Session of the 18 th CPC Central Committee,the Party pointed out that building an open,dynamic,transparent,convenient and healthy judicial mechanism to promote open trial.To completely eradicate the operation under the table,the judicial authority public law enforcement judicial basis,procedure,process,result and effective legal documents.The country should strengthen the interpretation of legal instruments and establish a unified and effective legal documents online query system.It is obvious that the online publicity of judgment documents is an inevitable requirement to promote judicial openness and deepen judicial reform.The online publicity of judgment documents can urge the judge to improve their professional quality and work ability.The online publicity of judgment documents can protect the justice and help to realize the justice of the case.The online public documents not only can ensure citizens to realize their right of supervision,the right to know,but also can improve citizens' legalliteracy with legal education.The online publicity of documents can promote the openness of the trial process,which can put the judicial power under the supervision of the public,which is conducive to the prevention of corruption,the improvement of judicial credibility.Although the rapid development and powerful influence of our country's online examination system in the past few years,there are some problems to be solved due to late start and short time.This paper aims to find out the existing problems and shortcomings of our country's referee documents online publicity system,at the same time to sum up the experience of other countries in the referee documents online publicity and put forward the measures and suggestions for improvement in view of the existing problems of our country's system by study on the system of the online publication of judgment documents in China,analyses the development process and present situation of the online publication system of the referee documents,seek the theoretical basis and practical significance of the system,sum up the achievements and shortcomings of online public works in the past few years.This paper is divided into four parts.The first part is an overview of the online publicity of judgment documents,which mainly introduces the meaning of the judgment documents,the meaning of the online public judgment documents and the practical significance and the function value of the online publicity of judgment documents.The second part is the present situation of the online publicity of judgment documents,through the study of the development process of our country's referee documents on the Internet,this paper analyzes the main body,content and scope of the online examination system.The third part is the problems existing in the present system of the judgment documents online.First,the referee's reason is insufficient,and the reason is to be strengthened.Second,the judgment documents are lack of right relief system,feedback mechanism,supervision and accountability mechanism.Third,the judgment documents have conflict between the public opinion and the personal privacy.Fourth,the author puts forward some suggestions for the problems existing in the present stage of our country by study the online examination system of the foreign judicial documents.First,the establishment of the relevant incentive system to mobilize the enthusiasm of judges.Second,the establishment of pre examination system,improve the quality of the refereedocuments,strengthen the rational.Third,The establishment of the corresponding problem feedback mechanism,public opinion communication mechanism and the supervision and accountability mechanism,the implementation of relief measures.At present,our country's referee documents online publicity system is still in the initial stage of development,so inevitably there will be some problems or loopholes.For example,the quality of judgment is not high,the reason for lack of reasoning.The lack of review and supervision.The court and the public lack of good communication channels and so on.These problems will restrict the development of the open system of the referee documents,which can not fully realize the function of the design at the beginning of the design.To promote the development of the online open system of our country's referee documents,so as to play a better role,we have to face and solve these problems,improve the relevant supporting system,detailed specific provisions,reform and attempt in practice.
Keywords/Search Tags:Judgment document, Online publicity, Juridical reasons, Right of privacy
PDF Full Text Request
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