Recently, a "Notice on the Establishment of a National Court Judgment Database" (hereinafter referred to as the "Notice of the Judgment Library") has been circulating on the Internet. The online notice will be issued on November 21, 2023. According to the notice, the Supreme People's Court (hereinafter referred to as the "Supreme Court") has made great efforts to build an intranet for the judgment document database, and plans to launch the national court judgment document database in January 2024, and clarified its application scope, only supporting the national court cadres and police to query and retrieve judgment documents on the internal private network.
This means that the Judgment Opinion Network, which has been in operation for ten years, is about to be taken offline and transferred to internal review. Lawyers, academics, the public, and even prosecutors outside the courts are no longer able to access it. This news has aroused heated discussions in the society, especially lawyers, academics and public groups in need who are greatly affected by it, and the vast majority of them have expressed opposition and doubts about it. Opposition voices make up the majority, and the opposing views mainly focus on the benefits of disclosure and the disadvantages of not being public.
1. The connotation of openness in trial1.The right to public scrutinyPublic scrutiny is an important part of a society governed by the rule of law. Through open trials, the public can actually participate in the judicial process and supervise the work of judicial organs. This kind of supervision is not only the supervision of specific cases, but also the supervision of the judicial system, which is conducive to preventing and correcting unhealthy tendencies in the judiciary.
2.Transparency of the rule of lawTransparency in the rule of law is the cornerstone of a society governed by the rule of law. Open trials enhance the transparency of the rule of law by making the public aware of judicial procedures and principles. The public's understanding of judicial decision-making has improved, thus contributing more to the fundamental construction of the rule of law.
3.Establishment of judicial authorityJudicial authority is based on justice, fairness and transparency. The openness of trials is conducive to building the prestige of judicial organs, increasing the public's trust in judicial decisions, and laying the foundation for the consolidation of judicial authority.
4.The construction of a society governed by the rule of lawA society governed by the rule of law requires citizens to abide by the law and administer according to law, and open trials are an effective way to build a society under the rule of law. Through public participation in the judiciary, the concept of the rule of law can be deeply rooted in the hearts of the people, and society tends to be more orderly, fair, and reasonable.
II. The Extended Performance of Trial Openness1.The hearing is openThe open trial is to open the trial process to the public, and the public can observe the trial process of the case from the side of the courtroom. This form increases the public's intuitive understanding of judicial practice, helps to improve the effect of rule of law education, and also strengthens the society's belief in judicial fairness.
2.Judgment documents are made publicDisclosure of judgment documents means that the case files, judgments, and other materials that have been tried are open to the public, and anyone can consult them. This form of openness makes judicial decisions more transparent, can provide the public with detailed reasons for judgments, and enhances the credibility of the judiciary.
3.Information DisclosureIn addition to specific case-specific information, the court also discloses to the public through various channels the internal work of the court and the performance of judges' duties. Such information disclosure not only allows the public to understand the functioning of the judiciary, but also helps to build the image of the judiciary.
III. The necessity of disclosure of trial documents1.Promote education on the rule of lawThe disclosure of adjudication documents provides practical cases for rule of law education, and the public can have a deeper understanding of legal procedures, legal basis, and judgment results through reading judgment documents, so that the concept of the rule of law is deeply rooted in the hearts of the people.
2.Achieve judicial transparencyThe disclosure of trial documents is conducive to achieving judicial transparency, making the process of judicial decision-making open and transparent, reducing speculation and questioning of the judiciary, and helping to build public trust in the judiciary.
3.Form a rule of law constraintThe public can analyze the reasons for the judgment, discover the problems, and raise objections through legal channels, forming a legal constraint on the judiciary.
4.Safeguard the legitimate rights and interests of the partiesThe disclosure of trial documents enables the parties to understand the judgment results and reasons in a timely manner, protects their right to know, and at the same time provides the parties with a way to provide legal remedies and protect their legitimate rights and interests.
5.Contribute to judicial reformThe disclosure of judicial documents provides the public with an opportunity to have an in-depth understanding of judicial practice, and the public can promote the continuous improvement and innovation of judicial organs through supervision, enhance the judicial level, and contribute to the smooth progress of judicial reform.
Openness of trials and their extension is a key part of the construction of a society governed by the rule of law, and through its practice, judicial activities can better meet the needs of society and ensure the fair exercise of judicial power. As a manifestation of trial openness, the disclosure of trial documents is a necessary means to promote rule of law education, achieve judicial transparency, form rule of law constraints, protect the rights and interests of parties, and assist in judicial reform. In the process of building the rule of law, we look forward to the wider implementation of the disclosure of trial documents, and provide strong support for the construction of a more fair, transparent, and orderly society under the rule of law.