| From the judicial reform that began in the 90s to the Guiding Opinions of the Supreme People’s Court on Strengthening and Standardizing the Interpretation and Reasoning of Judgment Documents issued by the Supreme People’s Court in 2018,the reform of judgment documents has always been a hot issue in judicial reform.As the birthplace of the former Chinese legal system,China once had its own form and production norms for judgment documents,and these judicial judgments rooted in traditional Chinese legal culture contained the main value orientation and cultural atmosphere of our society at the same time.Through the analysis of the judicial document "Fragments of Civilization Judgments" unearthed in Dunhuang,this paper will explore the excellent traditional Chinese legal culture and explore new ideas for the reform of judgment documents.This paper is mainly divided into three parts,which describe and analyze the written expression and practical reasoning of judgment documents from three major aspects: a brief introduction to Dunhuang judicial documents,an analysis of cases and judgments in the Fragments of Civilization Judgments,and a significance for the reform of contemporary judgment documents.The first part mainly introduces the precious judicial documents unearthed in Dunhuang,mainly the "Fragments of Civilization Judgments",to understand the discovery,historical experience and current situation of legal documents in the Dunhuang testament.The second part mainly analyzes the cases and judgments in the "Fragments of Civilization Judgments",extracts the content by selecting the original documents of ancient judgment documents,and explores the focus of the reasoning part of ancient judgment documents on the actual analysis of the structure,language and reasoning parts of ancient judgment documents,so as to understand that it does not emphasize the strict requirements for the formatted French dialect,but strengthens its persuasive characteristics from the emotional and moral perspective and analyzes the feasibility of reference.The third part discusses the significance of the judgments in the Fragments of Civilization Judgments to the reform of contemporary judgment documents,and explores some deep-seated factors worthy of attention to the reform of contemporary judgment documents through the research of the first two parts,so as to build a bridge between the past and the present.This paper takes the issue of information disclosure in the joint publication by the Party and the government as the research object,starts from two fields of active disclosure and judicial practice,analyzes the information disclosure platform and 40 judicial adjudication cases,and sorts out and summarizes the current situation of information disclosure in the joint publication by the Party and the government.On the one hand,it combs and summarizes the current situation of active disclosure of information disclosure platform.On the other hand,the judicial cases are analyzed in detail,and the main research object of this paper is clarified by summarizing the types of joint articles issued by the Party and the government in judicial cases.Through sorting out the opinions raised by the administrative counterpart and the administrative organ in the litigation and defense,to see the difference between the administrative counterpart and the administrative organ in the viewpoint,and summarize the approach of the administrative organ to deal with such problems;This paper summarizes the reasoning part of the court and sorts out the logic and rules of the court.Based on the current situation,it is found that there are the following practical dilemmas in information disclosure of party-government joint publications:First,there is no consistent standard for the active disclosure of Party-government joint publications,which makes it difficult for citizens to obtain information;Secondly,administrative organs and courts have tended to regularize the form of the review of the joint document of the Party and the government,which further leads to the simplification of the burden of proof of administrative organs in administrative litigation;Third,citizens’ right to know about the joint publication of the Party and the government cannot be guaranteed.Then,it analyzes the reasons leading to the dilemma,including the expanding demand for democratic supervision under the whole process of people’s democracy,the imperfect connection mechanism between the openness of party affairs and government affairs,the urgent reform of the theory of administrative subject under the combination of party and government offices,and the judgment strategy of strictly adhering to the doctrine of judicial restraint.This paper analyzes the countermeasures to the information disclosure of the party-government joint publication from four aspects.First,at the legislative level,it clarifies the formulation procedure,application scope and disclosure standard of the Party-government joint publication.Secondly,at the administrative level,the processing mechanism of the application for disclosure of information issued by the Party and the government should be clarified,including the issuance of normative documents by administrative organs and the establishment of a separation system,so as to resolve conflicts and disputes in the application for disclosure.Thirdly,the judicial rules based on substantive review are constructed at the judicial level,so that the court can make more reasonable decisions under the existing norms.Finally,we should improve the archival review mechanism at the supervision level,because archival review and information disclosure are both supervisory means and complement each other. |
