A Research On The Publicity Of The Auxiliary Volume Of Court

The court case files will be divided into the formal volume and the auxiliary volume.The materials in the formal volume can be inquired by the parties,but the materials in the auxiliary volume,as the confidential information of the trial work,are not disclosed.It is precisely because of the confidentiality of the auxiliary volume that the public is unable to know its contents,and the auxiliary volume has become a “black box” for judicial intervention.With the continuous progress of judicial reform in China,the problems caused by the auxiliary volume system are becoming increasingly prominent: it does not conform to the trend of judicial publicity in China,limits the public's rights to know and supervise,and promotes the false collegiate bench system.It is also in violation of the principle of judicial independence.In addition,the written reply by the higher court to the lower court,which is included in the auxiliary volume,is actually contrary to the two-tier trial system.It is of great significance to reform the auxiliary volume system.It is conducive to further implementing the judicial disclosure,safeguarding the people's right to know,helping to curb judicial corruption and improving judicial credibility.The reform methods are not only to abolish the auxiliary volume system,but also to guarantee the independent exercise of judicial power and reform the judicial system which is directly related to the auxiliary volume.The idea of reform is to gradually disclose the materials in the auxiliary volume and finally reach the abolition of the auxiliary volume.If it is not controversial to disclose some materials in the auxiliary volume,the court shall directly put them into the formal volume.But the reviews of the collegiate bench and the discussion records of the trial committee can only be disclosed according to the specific situation.In order to ensure the disclosure of the auxiliary volume,it is necessary to improve the collegiate bench system,the judicial committee system,and the system of request for instructions on cases.