Research On Criminal Non Public Trial System

Public trial is the basic principle requirement of the criminal procedure in the world,The defendant's right to open trial is protected by many countries as a constitutional procedural right,China's constitution and criminal procedure law also define public trial as one of the basic trial principles.However,in the criminal trial activities,the interests protected by the criminal procedure law are multi-faceted,there are the social interests of the state,the overall interests of a certain aspect,the individual interests.Blindly public trial does not meet the requirements of the principle of balance of interests,therefore,the private trial system was born as the interwoven interests of personal privacy,business secrets,state secrets,special privacy of minors and judicial openness.The law of China is too simple for the private trial,which leads to many problems in the understanding and application of the private trial in practice.Private trial and public trial should belong to two sides of the same body,and their right attribute requirements should be consistent.That is,the non-public trial is the basic principle from the central position of the trial stage,the non-public trial is directly reflected in a series of specific requirements and is guaranteed by a series of laws.It belongs to the basic system.However,the closed trial should be more recognized and protected by Chinese law as a right of participants in the proceedings.Then,by means of case conflicts in practice and referring to relevant regulations abroad,In order to construct and perfect the system of closed trial,we should establish the ownership status of closed trial at the constitutional level.At the same time,based on the contents of the rights protected by the closed trial which are clearly defined in the present criminal procedure law of China,The definition and contents of personal privacy,business secrets,state secrets and the special right to privacy of minors are expounded and enumerated.In clear not public trial,the object of protection is the basis of all participants in the proceedings,the criminal cases involving personal privacy and business secrets,to give the right holder is not the start the right of a public trial,the court according to the concrete case and combining with spirit,disgraceful consideration will decide whether to not be tried publicly,and finally gives the holder ofthe relief rights,the applicable law to reduce the difficulty,the value of the real practice is not a public trial system.