| The existence of justice itself is to maintain social order,the pursuit of social justice.Under the background of the judicial reform,it is an important measure to realize the judicial justice,to solve the judicial problems and bottlenecks and to enhance the credibility of the judiciary by promoting the judicial public disclosure and the inevitable requirement of the people's courts to perform their duties according to law.However,due to the lack of theoretical research and practical experience,many of the existing reform measures have clearly the common characteristics of China's reform process,what is that,each of the reform measures are separated and each for specific issues,regardless of the overall system design,so is China's judicial disclosure The reform.There are still many public issues that are not "disclosure",and their public validity has not yet reached the expectation of system design-and the most neglected issue is the vice-volume problem.For a long time,in the criminal record of the court are both volumes and vice volumes,the parties and lawyers can only read the volume,and not allowed to read the scroll.No one doubts the existence of the rationality,or even no one thinks about it.This is also to a large extent caused by some of China's judicial sector difficulties and chaos.In the context of the current judicial reform,the problem of the vice-volume is still unknown,which is a great obstacle to the improvement of the credibility of the judiciary,so we need from the theoretical and practical point of view,to discussabout the existence and the reform of our country's vice system deeply.In the part of the introduction,this paper starts with the root cause of the thinking of the vice volume system,and analyzes the significance of this research to promote the realization of the independence of the trial,guarantee the environment of fair justice and promote the implementation of social fairness and justice.At the same time,combining with the analysis of the current situation of domestic and foreign research related to the judicial publicity,combing the theory,mode,necessity,status quo,perfect mechanism and related foreign judicial open system of judicial publicity,laying the theoretical foundation for the follow-up research.In the text section,this article is divided into four chapters,which are discussed about the aspects of the reduction of the model of the vice-volume system,the theoretical problem of the vice-volume reform,the empirical analysis of the vice-volume system and the realistic choice of the reform of the vice-volume.The First of all,this article through the current legal provisions and for the specific content of the vice volume,combined with the current judicial practice and the judicial officers' strong feelings of vice-volume,revealed the mystery of the vice volume system,to restore a real The pattern of the vice roll system.From the origin of the secondary volume,the root of the vice-volume system is to think about the necessary limits of the judicial disclosure,that is,whether there is a necessary secret not to disclose,and in our relevant court file provisions,the judicial secret Ideas and reference is set,which is why the vice volume exists.Subsequently,through the relevant provisions of the existing and vice volume system,as well as the practice of the vice volume of the contents of the analysis and interpretation of a subtropical system to restore the true face.At the same time,combining with the analysis of the root causes of the current practice,the paper explores the realistic background of the vice volume system in China.Secondly,through the study of the root causes of the theory of the vice-volume system,the social background of the system of the vice-volume system and the theoretical problems and the solutions to the reform of the vice-volume system,as well as the solution,The theoretical basis.In this paper,the author analyzes the theoretical roots of the vice-volume system,and analyzes the mysticism tradition of the judicial system,the reality of much cases over the personnel resources and the civil service of judicial personnel,to find social basis of the system.At the same time,from the theoretical depth,the author analyzes the four theoretical problems of the reform of the vice-volume system,namely,the openness of the judiciary and the judicial secret,the form of openness and substantive disclosure,substantive disclosure and judicial authority,judicial openness and judge independence.By analyzing the above four pairs of theoretical problems,we find the theoretical dilemma of the reform of the court reform system and carry on the in-depth analysis,and make the judicial disclosure openly.The so-called judicial secret is actually the legacy of the judicial administrative style.Judicial disclosure meets the requirement of the core idea of judicial.Thirdly,through the concrete analysis of the reality of the empirical research,we will explore the judicial chaos hidden in the system of the vice-volume system,and analyze the real harm that the chaos may cause to the judicial activities,and clarify the realistic background and reality of the reform demand.In this paper,by combining the interviews with judges in the multi-regional grassroots courts and the empirical analysis of the secondary volumes,this paper finds out the five judicial chaos hidden in the system of the vice-"The final word" of the higher court,"agreement without discuss","offside Weapon" request the approval,"preemptive" leadership instructions and "I do not know the so-called" archiving,and through the analysis of the above judicial chaos,to explore the sub-volume system continues to continue the four major hazards.The existence of the vice-volume system,the first,to a large extent will cause the confessional system of virtual,making the judicial activities into a secret room "paper performance";second,will make the jurisdiction of the next,the judge behind the judge also There are other judges,the actual judge into a line puppet;third,it is caused by the absence of judicial responsibility system,making the direction of judicial reform,the "judge of the referee,the judge is responsible for",and the implementation of the trial judge Fourth.It will cause the loss of judicial credibility,making the public should be transparent and transparent into a "Schrodinger's Justice",and then lead to "Faith letter of faith" of the real harm,Making the construction of China's socialist rule of law subject to great obstacles.Finally,through the analysis of the motivations of the reform of the vice-roll system,the reform direction of the vice-volume system and the steps,measures and related safeguard means of the reform are provided,and the corresponding countermeasures and suggestions are provided for the reform of the secondary volume system.Based on the empirical analysis of the system of the vice-volume system and the theoretical obstacle of the reform of the vice-volume system,this paper puts forward a reform path of the reform of the system of the vice-roll system which is suitable for China 's national conditions.It hopes to open the "black box" of the Chinese trial through the reform of the vice-volume system.If you want to properly reform the system of re-volume,we must have the power to support,so as to play a role in promoting the reform of the vice-volume.And the reality of this motivation is mainly concentrated in the following three points,the judicial public to further implement the needs of the establishment of judicial authority also need to rely on public participation,the independence of the judicial manifestation also need to be protected through the system.At the same time,we also need to choose the appropriate reform measures in the face of the specific reform of the system.Here,the core is to clear the objectives of our reform,and this paper that the ultimate goal of the reform of the system should be comprehensive and substantive open.At the same time,in the reform of the vice volume system,we must also grasp the three principles-the principle of legitimacy,the principle of operabilityand the principle of integrity.In the reform of the vice volume system,we should establish and improve the appropriate safeguarding system measures,so as to make the reform of the sub-volume effect more long-term.Therefore,we must reform the case to consult the system,optimize the collegiate panel review system and improve the judicial committee system.For the specific path of the reform of the vice-volume system,this paper argues that the scope and level of the sub-volume should be set up,that is,all the public and the relatives of the parties and the public have a direct interest,all the other than the above two categories The public should not be open.At the same time,in response to some of the practical concerns that may exist for the vice volume disclosure,we should also take the necessary technical measures for the secondary volume,that is,to achieve a comprehensive mark on the external intervention,for the disclosure of comments and the development of sub-Norms,so as to avoid the worries about practical and theoretical circles for the vice-volume system,and further remove the real resistance.We should also clarify the content of the vice-volume system that should be made public and absolutely not open,and increase the corresponding sub-volume open liability clause to realize the organic unity of the system design and responsibility,to implement the vice-volume disclosure system and piercethe mystery of our judicial decision process.In essence,the existence of the vice-volume system,fundamentally speaking,reflects the lack of self-confidence in the judicial system of our country.In the face of reform,in the face of the responsibilities that the judiciary should bear,our judiciary and even the whole of our judicial system lacks a spirit of courage.The concerns of the sub-volume open are not so serious as we foresee,and some parties are blindly appealed and unreasonable.This is just a matter of reason,but only a lack of legal literacy and an expression of interest.Whether it should be open after the adverse social effects have nothing to do.Moreover,the openness of the substantive opinions of the judiciary is bound to be accompanied by the openness of the argument,and the distinction between the right and the rational is still the discernment of the unreserved public.The more effective effect is to strengthen the credibility and execution of the judiciary force.Therefore,only with a confident mind into the wilderness,we can be free from the passive response to the public for the justice of the suspect,... |
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