| Vice volume system is peculiar to our country lawsuit documents volume classification system.In 1984,the supreme people's court and issued by the national archives "litigation filing method" the earliest provisions relating to the pair of roll system,the "method" made clear that the higher people's court may,in accordance with the provincial,city,municipality court system actual work needs,decide whether you need the books of the litigation documents into archives and vice volume,starting a pair of roll system in our country more than 30 years of practice.Then,in 1990,the supreme people's court and issued "the supreme people's court on the regulation of judicial work secrets",file on the specified materials should be set up in accordance with the relevant provisions are volumes and volumes.One vice volume content,covered by both members of the collegial panel,the trial committee published the views and opinions of the case,the court case between higher and lower the opinions and comments,also include the leadership approval,comments,the collegial panel shall,voting record and other written material,and made clear the need because of the work and school leadership approval,shall disclose to the parties and irrelevant personnel,and any units and individuals are not allowed to refer to.The ideal purpose of vice volume design system:First of all,is a guarantee to protect the normal exercise of jurisdiction.On the one hand,give the judge a is not affected by the outside world and express their views fully rational environment.In the secret room,deliberations in only participate in the case of the judge and the court clerk,each judge can calmly finishing train of thought,created by the trial without outside interference,so as to guarantee the judicial neutrality.Protect the judge from retaliation,on the other hand,and the consistency of the maintenance decision to avoid exposing the judge's opinion in public,both to maintain the consistency of public decision,also prevent dissatisfaction results of party to retaliate against the negative view of the judge.Second,to ensure that the referee the unity of the legal effect and social effect.In the name of the judgment if the tribunal unanimously,the public will not challenge the authority of the ruling.On the contrary,if there are different in the judgment,even the opposition,so in China's current society under the rule of law belief and the rule of law culture,the decision will no doubt decrease the convincing degree of the social public,and even become the method of a complaint reporting or not reasonable reason,then the authority and prestige of the court is difficult to establish,ultimately affect the judicial credibility.Collegial panel emphasized during the hearing of cases as a whole will and illegal personal opinion,if released a few opinions and objections,easy to make the collegial panel of judges prematurely in a state of confrontation,the parties to a stand,might take more extreme positions,so that the two sides agree in communication more difficult sentence.Finally,to avoid the case involving the secret and privacy leak.Vice volume system exists to the protection of the state secrets and the protection of the citizen right of privacy.Whether the privacy rights of the parties,or commercial secrets,national secrets,all have a common features,namely,enjoy,knowledge or use limited to someone.In modern society,personal privacy information collection,malicious use improper or even disrupt the peace of the growing concerns of individual life,however the judicial public if,parts of the case the parties can identify the personal exposure to information in the social public,the right to privacy of the parties under the sac carry of network public opinion,will inevitably lead to the privacy of the parties suffered damage,damage to social image;In judicial openly if the legal document of commercial secrets,national secrets once open at the same time,so light is the economic interests of all no longer exists,or may endanger the interests of the state.In addition,vice volume system is also set in order to protect the judge the responsibility of a barrier,so that the interior of the judicial operation more harmony.Judicial system in our country for a long time,because of the judicial officials do not have a high level of specialization,the court's internal report for instructions and group discussion of its voting exist for a long time,although it seems these system problems,but at the time,under the legal environment and the ability of the superior court and leader of the professional guidance is the judicial condition and reality,the running of the vice volume and system's function is to record the superior court or the leader of the guiding spirit and suggested by the referee to judge the responsibility shall be investigated and internal accountability for providing some basis,to a certain extent protected the judge.At the same time,it is also a kind of judicial ceremony modification of rhetoric by a paper roll,hide behind the judicial talks,considerations and compromise,make judicial present unified agreement.The vice volume to cater to the referee judges tend to use superior power,higher authority's instructions,instructions and comments as the basis,and in the form of vice volume "reasonable".In terms of vice volume system itself points development trend,it reflects its own unique characteristics.It mainly reflects the strong nationalism color system concept and organization operation principle of collectivism.Vice volume the establishment of the system itself,its main purpose is to protect the authority of the judiciary in the form of judicial mystification and judicial trust,as national interests and personal interests conflict with the national interest first,the country as the center axis of the relationship between personal and national.Vice volume system emphasizes the unity of the national judicial image,rather than official individual judicial professional personality,is the sacrifice of personalized professional judges national judicial image and the unification of the judicial value pursuit.In practice,the judge to divisions led by the chief judge and court opinions,the collegial panel or a judge alone make a judgment should pass on to give them,after the issuance of the chief judge of the collegial panel and a judge alone may not be restricted to submit the case to the chief judge of that discussion and decision,the judicial committee and opinions,which is formed by the approval,the record and so on into the vice of volume,and form the default type operating in the judicial organs.This working mode is brought many cases to the court the crystallization of collective wisdom,but to some extent weaken the independence of the judge,deconstructs the independence of judicial internal organization structure,and using the security administration works as the control mechanism within the judicial organ.In recent years,cases of accidental leaks are vice volume material,the letter "best case" and a series of typical cases,let vice volume system once again become the focus of the judicial reform of public opinion.As the third plenary session of the 18 fourth plenary comprehensively deepen reform and establish comprehensive since the rule of law,the supreme people's court to implement a new round of judicial reform to improve judicial public credibility is the key content of the reform.Purpose of judicial public is,in a way that is open,transparent specification the legitimate exercise of judicial power,and on this basis,to promote the judicial for resolving social disputes,trying to make the people in every judicial case perception of fairness and justice.Under this background,the deputy of roll system became the current judicial reform process has been a heated discussion and mention the problem.Vice volume around the system of judicial challenge brought by the public,the repeal of vice volume system calls to get support and discussion.This is mainly because,under the background of new era,with the development of information technology and the growth of the people's legal awareness and knowledge of demand,the people hope and requirements for the court judicial public also continues to grow,and as a judicial internal modification before vice volume system because of its operation mystification and was criticized by the people.And,more importantly,vice volume system is not in conformity with the judicial development trend of the public and the mechanism of action,especially in what materials can not be open standards are not reasonable judgment,be selective public tools,vice volume system and lead to tension between judicial public.Specifically,vice volume system and judicial in value and the concept of dimension between public,dimension of substantive justice and procedural justice,judicial power and administrative power dimension and trial function and dimension have some tension,vice volume,the tension and contradiction between the system and the judicial public vice volume makes system itself,in this context,to eventually eliminate vice volume system goal to become the value orientation of reforming the system of vice volume.For a long time to dispute the essence of vice volume system is for justice.However,although the existing vice volume system under the background of judicial public open has been widely criticized.But we also need to reflect and clarify the theory of this kind of system and the judicial public logic.First of all,the judicial public is not absolute,there is a limit.Although judicial public to maintain justice,to prevent the judicial corruption and the arbitrary.But the judicial public shame excessive damage may be the cause of the defendant.The judicial public will also interfere with juvenile defendants mental health development.Minors' physical and mental development stage,public trial,easy to cause its conflict with the social,formed the social psychological or closed diaphragm,is not conducive to their psychological healthy growth.Judicial public kun could trigger a crime study.Judicial public may also cause leakage of state secrets,harm the interests of the state.In some cases involving state secrets,are open without distinction to indiscriminately,damage will cause major national interests,cause irreparable damage.Judicial public may disclose the commercial secret,if one party of the economic interests of the damage.Judicial public may damage the privacy of the parties,disgraceful consideration even damage.These questions illustrate the vice volume system itself existence still has its rationality.Justice controversy is ultimately because of is not sound legal system,the sentence meaning to the public in the process of judicial decision to ignore as well as the citizens' right to know the boundary problem.Pair of roll system exist in nature and not directly lead to the judicial injustice,has its rationality,just need through reform to make it perfect.Therefore,the paper argues that although the existing vice volume system exists a challenge to the judicial openness and the credibility of shaping,but vice volume system itself still has the necessity of its existence.The rationality of the existence and the necessity of argument is too weak,need to be strengthen."His mountain,can offend jade",to the United States court jury secret appraisal principle and Japan a few opinions of reference,also for clear judicial public vice volume under the wave of reform to provide specific direction.Vice volume based on the system of scientific,objective and rational knowledge,weakening its in promoting public,we will deepen reform of the judicial and reshape the challenge brought by the judicial authority and credibility with the trouble.In the practice dimension micro macro architecture will theory and practice of design,conform to the socialism with Chinese characteristics through two aspects of the construction of the rule of law,vice volume system perfect path planning.Court for public vice volume opposed the most reason is vice volume there is don't want to or can't open information,this information is adverse to the court.So you need to first obtains from the improvement of existing system,you need the guide judicial organs and their staff to change its work ethic.Specifically,the content of the need to pair of volume can indicate the normalize and perfect judicial public content clearly,vice volume as well as the detailed and clear the specific content of the public;Need to perfect the judicial public corresponding supporting mechanism;Establish prevent intervention supervision mechanism of judicial work,and actively resolve judicial intervention possible space,make vice volume system did not exist on the stigma of public opinion and the system soil sac.Response to the current most reviled by the vice volume system factors,such as a few opinions in the public decision change reasons things out the expression style and structure of criminal judicial documents,in response to public demand justice. |
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