| The Provisions of the Supreme People’s Court on the Publication of Judgments by People’s Courts on the Internet,which were promulgated in 2016,stipulated five types of statutory documents that are not published on the Internet in the form of judicial interpretations,and became a textbook for the publication of judgments by people’s courts at all levels on the Internet.Before the academic consensus has been reached on the scope of non-online disclosure of civil judgment documents,it is still of practical significance to explore the scope of non-online disclosure of civil judgment documents through jurisprudence argumentation.Since the implementation of the system of online judgment documents,the achievements of online documents exceeding 100 million have been achieved.At the same time as massive documents are online,the problems of bold open judicial reforms have gradually emerged.From the perspective of the regulations on non-disclosure of judgment documents on the Internet,the current regulations on the publication of judgment documents on the Internet are not systematic and the legal rank is low.The construction of the standard still needs the collective wisdom of legal researchers.The people’s courts in various regions need to pay more attention to the non-disclosure of judgment documents.The simplification of statutory public information on the Internet is serious.The phenomenon of erroneous disclosure of statutory non-disclosed information is not uncommon.There are also misuses of miscellaneous provisions,and even appeared a phenomenon of "selective disclosure"in the disclosure of documents.There are two ways of thinking about whether the judgment documents should be made public on the Internet.One is the internal legitimacy of the judicial documents,the other is the external necessity,including the publicity of the law to the public,forcing judges to make a fair trial,interpreting the law and reasoning to improve judicial credibility,etc.The legal support of statutory non-online publication documents varies.The focus of the publication of certain family judgment documents has gradually evolved from whether the disclosure is made or not to how to clarify the boundaries between the privacy protection of the right holder and the exercise of the public’s right to know and supervision.Judicial judgments involving the custody and guardianship of minor children should not be made public under the restriction of the principle of maximizing the interests of minors.The number of civil private interest mediation documents is increasing,and the current trend of diversification of contradiction resolution mechanism is becoming more and more obvious,and the setting of miscellaneous clauses also reserves judicial space for discretion.The scope of non-disclosure of judgment documents should be re-examined.The"one size fits all" practice of non-disclosure of certain family judgment documents involving divorce litigation lacks theoretical support.The principle of reasonable determination of the scope of non-disclosure has become an option,and inability to technical processing should be use as a prerequisite.Set sexual standards,strictly restrict the statutory circumstances that are not open to the Internet.The statutory circumstances that are not open to the Internet should be strictly restricted.The supervision mechanism can escort the visualization process of promoting the nondisclosure of judgment documents online,including exploring the semi-disclosure mode of regularly disclosing the non-disclosure of judgment documents online,standardizing the evaluation standards of online documents,improving the relief mechanism of defective online documents,and empowering the parties the right to initiate the correction of improper technical processing of judgment documents,to carry out the responsibility system assessment for promoting the normal development of online publication of judgment documents. |
