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The Open Criminal Judicative Paper

Author: XuQin
Tutor: PanJinGui
School: Southwest University of Political Science
Course: Procedural Law
Keywords: the criminal judicative paper the open criminal judicative paper the open judicial reason open on-line
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 222
Quote: 0
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The criminal judicative paper reflects the justice from the criminal trial procedure to results, it’s the last carrier of judicial justice. With the reform of the judicial democracy and the promotion of the criminal open trial, the open form of the criminal judicative paper、the open of judicial reasons and such a series of other problems attract more and more theoretical and judicial practice and social public’s attention. But the open the criminal judicative paper has not realized its system value well in practice, what directly affects its functions. Therefore, it is necessary to do systematic and further study, to remove its deficiencies, perfect the system, and then realize its functions. The article starts with the functions of the criminal judicative paper, and draws out the value of the open criminal judicative paper. Then analyses its problems, and put forward effective measures to perfect it. The article is divided into three parts except the foreword and ending part, a total of around 30,000 words.The first part makes a general overview of the open criminal judicative paper. The article points out: the essence of the criminal judicative paper is that the country exercises criminal jurisdiction and makes definitive conclusion for specific cases. Besides highlights the judge’s quality、publicizes the law, as the last carrier of the criminal judicial activities, it bears the justice of criminal trial from procedure to results. The essence of the criminal judicative paper determines that the open is its intrinsic requirement. Therefore, the open criminal judicative paper is not only the necessary extension of the open criminal trial, but also has its own value. As a text carrier of the criminal court space, the criminal judicative paper keeps trial process to permanent records, and according to it’s open, shows the public criminal trial process, which is not only the supervisor for justice of process and results of judgment, but also the powerful weapon to improve the judge’s quality, public the laws and improve the judicative credit.The second part analyzes the main problems of the open criminal judicative paper. The article points out: although the open criminal judicative paper is the essential requirements for judicial democracy and judicial transparence, it doesn’t work well in practice. Firstly, the lack of systematic regulations results in nonstandard operation, what goes against the unified legal system and the promotion of legal operation. Secondly, as the soul of the criminal judicative paper, the judicial reason doesn’t fully be documented. in the criminal judicative paper, what makes the open judicial reason formal. Thirdly, because the consulted mechanism doesn’t implement uniformly in reality and selective open carried on on-line, the public thinks it’s intentionally partial to the criminal judicative paper with flaws, and so lowers the public’s participation enthusiasm as well as deprives their opportunity to judicial activities, goes against judicative credit. Lastly, the low judge’s quality and the lack of corresponding supervision and incentive mechanism also make the open criminal judicative paper doesn’t implement well in practice, and doesn’t realize its effect definitely.The third part argues the measures and puts forward advice to perfect the open criminal judicative paper system. The article points out: The perfecting advice should be pointed out according to the problems, so that the problems can be targeted to solve. Firstly, it’s self-evident to formulate a unified regulation. First, unify the open subject, people’s courts of all levels. Second, unify the open scope, all the criminal judicative paper should be open except the cases law restricts and the parties apply. Third, unify the open channel. Of course, it’s not to say unify only one open channel, but to standardize and systematize the open ways of newspapers, magazines, network, consulted mechanism and publication. Fourth, unify the open content, to ensure the truthfulness of the content. Secondly, the open judicial reason is most important. We must reform the existing deficiency of the criminal judicative paper, keep detailed records of the evidence of case analysis, the applicable law and the inner link of them in criminal judicative paper, so as to realize the open evidence of case analysis, the applicable law. Thirdly, the open criminal judicative paper itself is also very important. Because the criminal judicative paper records all the details of the open trial, the text itself is the public information carrier, without it’s open, The information recorded on the text cannot be open as well. Therefore, it’s necessary to carry out and perfect the consulted mechanism and open on-line system. Fourthly, to open the criminal judicative paper, it’s indispensable to construct supervising and incentive mechanism, transform logos of law enforcement, improve the judge’s quality. Lastly, about the problems of open different opinions of criminal trail in criminal judicative paper, that should see, open is inevitable, but considering the current judicial system and quality of judges, we can make experiments first, and then systematize it under the tide of judicial system reform.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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