摘要(Abstract)：
The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights have deemed the "public trial"a basic human right. On the basis of this demand for impartial trials and citizens' right to know the truth,the meaning of open justice has become equal with the term public trial. The open dissemination of governmental information started at the end of the 20th Century. This worldwide phenomenon has expanded the scope of open justice and made it exceed the scope of the traditional public trial. China's system of open justice has also been promoted and improved through this worldwide development.
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作者(Author): 张新宝;王伟国;Wang Hao;
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参考文献(References)：
- ③1In the Constitution of the PRC,article 125 ( 1) of stipulates tha,t“Except in special circumstancesas specified by law,all cases in the people's courts are heard in public.”In addition,three procedurelaws and Organic Law of the PRC also specifically implement this principle.In the CriminalProcedure Law of the PRC,article 11 ( 1) of stipulates tha,t“All hearings in the people's courts shallbe public,unless this Law provides,otherwise.”Article 183 stipulates tha,t“A people's court of firstinstance shall hear cases openly.However,a case involving any state secret or personal privacy shallnot be heard in open court; and a case involving any trade secret may be heard in camera if the partyconcerned files such a request.”Article 196 stipulates tha,t“In all cases,judgments shall bepronounced publicly.”Article 227 ( 1 ) stipulates tha,t“If a People's Court of second instancediscovers that when hearing a case,a People's Court of first instance violates the litigation proceduresprescribed by law in one of the following ways,it shall rule to rescind the original judgment andremand the case to the People's Court which originally tried it for retrial: ( 1) violating the provisionsof this Law regarding trial in public;”In the Civil Procedure Law of the PRC,article 10 of statestha,t“In trying civil cases,the people's courts shall,as provided for by law,apply the systems ofcollegial panel,withdrawal,public trial,and the system whereby the second instance is final.”Article 134 states tha,t“Civil cases in a people's court shall be heard in public,except for those thatinvolve State secrets or personal privacy of individuals or otherwise provided for by law.A divorce caseor a case involving trade secrets may not be heard in public if the party so requests.”Article 148 statestha,t“The people's court shall publicly pronounce its judgment in all case,whether or not heard inpublic.”In the Administrative Procedure Law of the PRC,article 45 states tha,t“Administrativecases in the people's courts shall be tried in public,except for those that involve state secrets or theprivate affairs of individuals or are otherwise provided for by law.”In theJudges Law of the PRC,Article 7 ( 6) stipulates that“Judges shall keep State secrets and the secrets of judicial work”.
- ①2Li Jian,Two Dimensionalities of Open Justice,People's Court Daily,September 9,2011,at 1.
- ①3Jiang Huiling,The Revival of Vitality of Open Trial Principle,People's Court Daily,January 1,2010,at 5.
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- ②5Jiang Huiling,Abolishing Ten Obstacles of Open Justice,5 China Trial 10,11 ( 2010).These tenobstacles summarized by Mr.Jiang Huiling include: ( 1) the obstacle of democratic consciousness;( 2) the obstacle of ideology; ( 3) the obstacle of court place; ( 4) the obstacle of internal operation;( 5) the obstacle of system and mechanism; ( 6) the obstacle of technological equipment; ( 7) theobstacle of“bureaucratic culture”; ( 8) the obstacle of litigious rights; ( 9) the obstacle of theoreticalresearch; and ( 10) the obstacle of legal environment.
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- ②7Xu Yongzhong,Say No to“Selective Open Justice”,People's Court Daily,April 9,2013,at 2.
- ③8Gao Yifei and Mo Xiangyi,On Open Judicial Affairs,12 Electronic Political Affairs 90,90-91( 2012).
- ①9The Research Group of the First Intermediate People's Court of Beijing,A Research Report onStrengthening the Construction of Open Justice,5 People's Justice·Application 44,45 ( 2009).
- ②10You Wei,Open Justice : Marching“Supply”and“Demand”,Legal Daily,March 28,2013,at 7.
- ③11SUMMARY ON THE WORK OF OPEN JUSTICE OF PEOPLE’S COURTS,at 6 ( Shen Deyong andJing Hanchao ed.,China Legal Publishing House,2012).
- ④12The Research Group of The High People's Court of Zhejiang,A Research and Thinging on thePractices of Open Justice in Zhenjiang Province,1 Research on Rule of Law 110,115 ( 2012).
- ①13Supra note 3.
- ①14THE STATISTICAL REPORT ON INTERNET DEVELOPMENT IN CHINA,Xinhua Net,at http: / /news.xinhuanet.com / tech /2013-01 /15 / c_124233840.htm,( Last visited on May 12,2013).
- ②15RONALD M.DWORKIN,LAW’S EMPIRE,at 11 ( MA: Harvard University Press,1986).
- ③16Liang Hongji,Promoting Social Credibility by Judicial Credibility,People's Court Daily,July 27,2012,at 2.
- ④Wang Lin,Open is Accelerant of Judicial Credibility,Jinghua Daily,May 12,2013,at 2.
- ⑤18Zhang Xianming,The Supreme People's Court Asks to Integrate Resources and Establishes WorkPattern of News Propoganda,People's Court Daily,May 11,2013,at 1.
- ①19Supra note 4.
