Research On The Improvement Of The Rules Of The Judicial Documents Online Syste

The online disclosure system of judicial documents,also known as the system of publishing judicial documents online,has undergone over a decade of development since its establishment in 2010 with the promulgation of the "Provisions on the People’s Courts Publishing Judicial Documents on the Internet." From the perspective of its institutional value,the disclosure of judicial documents is a necessary requirement for restricting judicial power,realizing the right to information of citizens,and promoting democratic politics.Therefore,the value system of the online disclosure system of judicial documents should be based on safeguarding rights,emphasizing the essential requirement of disclosure,protecting citizen rights as a fundamental position,and strengthening the necessity of judicial reasoning.However,the current practice of the online disclosure system of judicial documents faces a dual dilemma of insufficient disclosure intensity and inappropriate disclosure.The inherent reason for the former is the unsound system of protecting citizen rights,the contradiction with the upper-level privacy protection system,and the active institutional purpose of building a social credit system that is not conducive to rights protection.The inherent reason for the latter is the incompleteness of the comprehensive disclosure system guaranteeing according to the law and the lower normative hierarchy of current regulations.The improvement of the online disclosure system of judicial documents should correspondingly start from two aspects of guaranteeing disclosure intensity and strengthening rights protection.It should establish a comprehensive disclosure guarantee rule based on the non-approval system for online review,the information disclosure system for non-disclosed document items,and the system for withdrawing published judicial documents,as well as a citizen rights protection rule based on the anonymous system based on "identifiability," the objection system of parties,and the system of post-remedies and liabilities.