摘要(Abstract)：
Nowadays,the biggest difficulties the courts faced are as follows:the trial procedures and court verdicts'being not accepted by the litigants or the society,the absence of final judgments from final trials,the litigants'constant complaints by letters and visits or badgering as well as huge mental pressure on the judges.Despite various reasons,like certain cases'being
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作者(Author): 辛冠男;
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参考文献(References)：
- 1 In December 2009,the Supreme People's Court initiated the Six Regulations on Judicial Publicity and formulated the standard of judicial transparency as well as the evaluation methods.The first batch of model courts for judicial transparency were selected across the country.They are respectively recorded in People's Court Newspapers from recent years and important media's reports on judicial transparency undertaken by Chinese courts in the process of current judicial reform.
- 2 The 11 th issue of Chinese Trial in 2015 made a special issue titled as"The'Internet+'Era of Courts",which was published on June 7,2015.
- 3 Nowadays,courts at all levels have established departments for complaints by letters and visits,specialized in dealing with complaints by letters and visits related to the litigations.Currently,courts across the country are faced up with immense pressure regarding complaints by letters and visits.According to Phoenix Net's report on October 23,2015,a farmer from Hebei Province was arrested for complaining by letters and visits in the area around Zhongnanhai.
- 4 Summaries,reflections and thoughts gained after attending some seminars while the author did practice in the court.
- 5 The author believes that,the litigation system in China's courts has a relatively high lawsuit efficiency regarding the judges'closing cases after trials.On average,each judge holds court sessions to try more than two hundred cases every year.However,due procedures before the trials are obviously insufficient,especially the documents and work,which are supposed to be made accessible to the litigants,have been overlooked.Litigants are not able to understand the courts'judgments since they can know little about the trial procedures.Consequently,it is usually believed by litigants that nepotism is prevailing in courts.
- 6 Live broadcasts of court trials can be frequently seen in China's news media.Comparatively,there is very few abroad,which are usually replaced with some shots or sketches of the trials.
- 7 During the author's court practice in the courts,the court staff had to persuade litigants to cooperate whenever the trials would be on a live broadcast.Some litigants refused directly.
- 8 CIHAI,at 2430(Shanghai Lexicographical Publishing House,2010).
- 9 According to the explanation of judicial justice from baike.baidu.com,it refers to an ideal status in which different factors integrate well during the operation of judicial power.Judicial justice is an important sign of democratic politics and progress in a modem society as well as a significant guarantee for economic development and social stability of a modem state.It is the requirement of law per se and for ruling a country by law.Its basic connotation is to reflect the spirit of justice,equality,appropriateness and justice in judicial process.It is realized by the judicial staff mainly represented by judges.The target groups of judicial justice include litigants and other prosecution participants of various cases.Judicial justice consists of substantial justice and procedural justice.The former is the ultimate goal of judicial justice while the latter is an important guarantee of judicial justice.The relationship between collective justice and individual justice reflects the value position and value orientation of judicial justice.
- 10 RANDOLPH N.JONAKAIT,THE AMERICAN JURY SYSTEM,at 367(Qu Wensheng,Song Ruifeng&Lu Jia trans.,Law Press,2013).
- 11 WILLIAM LEE DWYER,IN THE HANDS OF THE PEOPLE,at 157(Wang Kai trans.,Huaxia Publishing House,2005).
- 12 Id.,136.
- 13 RANDOLPH N.JONAKAIT,supra note 10,25.
- 14 WILLIAM LEE DWYER,supra note 11.
- 15 Id.,136.
- 16 Id.,137.
- 17 Id..150.151.
- 18 Id.,147.
- 19 Leben,S.,Procedural Fairness is So Concrete,People Court Newspaper,Sun Lijuan trans.,May 18,2015.
- 20 Id.
- 21 WANG ZHAOPENG,AMERICAN CRIMINAL PROCEDURAL LAW,at 600(Peking University Press,2014).
- 22 RICHARD D.FLYER,AMERICAN CIVIL PROCEDURAL LAW,at 9(Zhnag Limin,Zhong Guoping&Zhao Yanmin trans.,Commercial Press,2013).
- 23 In June 2015,the Supreme Court reformed the case-filing register system in the process of judicial reform and initiated relevant instructive suggestions for registration.People's courts at all levels are supposed to register cases instantly if the litigants'filing requests meet the requirement.For cases whose acceptance still has to be determined,responses must be given within 7 days,otherwise the cases have to be registered.
- 24 WILLIAM LEE DWYER,supra note 11,142.
- 25 Id.,225.
- 26 RANDOLPH N.JONAKAIT,supra note 10,80.
- 27 RICHARD D.FLYER,supra note 22,148.Essentially,the principle of due process of law in American constitution is quoted here.
- 28 Some thoughts provoked by the present author's communication with the judges during her practice in the courts.
- 29 For the time being,the Supreme People's Court is pushing for the establishment of three open platforms for the reform toward more judicial transparency and has made some achievements,including the disclosure of trial procedures,disclosure of judicial documents and disclosure of executive information.More detailed information can be found in the working report delivered by Chief Justice Zhou Qiang at the National People Congress in its 2014 session.
