Subvolume System Research

Judicial disclosure is one of the important issues in the current judicial reform task in China,however,the current status in China is: the "black box" of the sub-volume is always sheltered under the court.Unless the incident is opened to "sneak" to the file,the box will remain quietly lying in the court.The file is "listed" and it is not expected that the public will find out its contents.Therefore,it is urgent and important to reform the sub-volume system of the court.There are many similarities between the sub-volume system of China and the judicial secret system of the civil law system in terms of the original intention of functional design.At the same time,the Anglo-American legal system and Taiwan in China have similar secret models,but the controversy is not only included.The existing disputes in the system,as well as disputes in China's mainland;in addition,the Judges opposition system of the Anglo-American legal system has adopted an open model.Then,by drawing on the stone of other mountains,is it possible to obtain a viable,normative,open path that conforms to the current judicial environment and system to gradually realize the ideal of “judicial secrets are no longer secret” and“judicial openness is open to the public”? In addition to the "introduction" of the first part and the "conclusion" of the tail,the main content of this article is distributed in the second,third,fourth and fifth parts:In the second part,the thesis explains the relationship between the judicial confidentiality system and the sub-volume system and the origin,composition materials and regulatory basis of the sub-volume system in China.The third part explains the judicial secret system of the civil law system and the jury of the common law system.The group secret review system and the judge review system in Taiwan,and tried to explore its historical traceability and functional design.The fourth part explains the historical traceability and functional design of the judicial opposition system in the Anglo-American legal system,and the comparative analysis of the different systems of the two major legal systems.And explain a series of reasons why the two major legal systems take different paths;The last part,combined with the problems and disputes in China's current sub-volume system,pointed out the significance of the reform of the sub-volume system,and get the open path of the sub-volume: First,lay the foundation for the disclosure of the sub-volume,and make clear provisions for the disclosure of materials that are prone to corruption and intervention in the judiciary;secondly,narrowthe scope of the sub-volume,and for the sub-volumes,the public resistance is small or the secret preservation of meaningless documents is continued.,included in the positive volume for the parties and defenders to consult;Finally,in some types of cases,the judges disagreed.In this way,it will be more in line with the judicial reality and the operation will be smoother.