On The Perfection Of The Public Mechanism Of Family Judgment Documents

The scope of disclosure of family judgment documents has undergone changes,from the previous family judgment documents that can be disclosed to the family judgment documents that should be disclosed.The change at this stage is to expand judicial openness and protect the public’s right to know.After the 2016 reform of the publicity of judgment documents,family judgment documents followed the situation of "openness as the principle and non-publicity as an exception",and personal privacy is no longer the legal reason for the non-disclosure of family judgment documents.The disclosure of family judgment documents is an inevitable requirement of judicial openness,and it is also a necessary condition for the realization of the public’s right to know.However,family judgment documents have their particularities and are different from general civil judgment documents,so the disclosure of family judgment documents also requires special discussion.With the development of the times,more and more new features have appeared in family cases,and the number of family cases has been increasing day by day,and the number has been rising,accounting for a large proportion of the entire civil judgment documents.Moreover,due to the development of economy and technology,the types of family cases have become more diversified,and the focus of disputes has become more and more complex,from the simple confirmation and dissolution of identity relationships to the division and distribution of various types of property.Family adjudication documents mainly involve the privacy of the family and the privacy of minors.Because the family is exclusive and closed to a certain extent,the information shared within the family has higher privacy.If the conflicting information within the family is improperly disclosed,once family conflicts are made public,the stability of the family will be greatly damaged,and the relationship between members of the family will be more difficult to repair.Therefore,the disclosure of family judgment documents must be limited,and the limit is larger than that of ordinary civil judgment documents.However,judicial openness is related to public supervision of the judiciary,and the right to know is also a constitutional right of citizens.Therefore,family judgment documents should be disclosed in principle to meet the needs of the public’s right to know.So,there is a conflict between the right to privacy and the right to know.In the face of the coordination of the conflict between the right to privacy and the right to know,it is necessary to follow the principle of priority of public interest and the principle of divisibility,which can solve the problem of the right to privacy and the right to know in specific circumstances.The principle of proportionality can solve the problem of the limit of priority protection after determining which right to protect and can better achieve the balance between the right to privacy and the right to know.In practice,it is possible to comprehensively consider the type of rights subject,the nature of interests,substitutability and adverse consequences,and comprehensively examine the four elements.Of course,in the face of the current chaos in family judgment documents,the procedures should also be improved.In practice,due to the imperfect procedures,the parties’ privacy and the public’s right to know have not been well protected.Therefore,it is not only necessary to establish the principle of coordination between the right to privacy and the right to know to better establish the scope of disclosure of family judgment documents,but also to improve the current disclosure procedures for family judgment documents,and to establish procedures for pre-supervision and subsequent compensation,to better protect the privacy of the parties and the public.A balance is struck between the right to know.