庭审公开的现状及完善路径探索

发布时间：2018-11-21 16:16

【摘要】：近年来,随着司法改革的推进,相关规定的完备和信息技术的快速发展,司法公开的程度不断得到提高。2016年12月,中国庭审公开网开通,标志着司法公开又向前迈出一大步。庭审直播的完善和发展有助于缓解公众对司法活动的质疑与不信任,促进司法公正、树立司法权威。但以庭审直播为主要形式的庭审公开也可能会造成负面影响。本文试图从中国庭审公开网说起,分析以网络直播为主的庭审公开其积极意义与可能造成的消极影响。并结合实践谈谈我国目前庭审公开取得的进展与存在的问题,同时进行域外比较,提出完善建议以供参考。具体如下:第一部分,绪论。介绍了本文的研究意义和研究背景。第二部分,庭审公开意义。庭审公开是落实审判公开的基本路径;是落实司法公开的重要方面;有助于实现程序正义;有助于提升司法公信力;有助于全民普法。第三部分,我国庭审公开取得的进展。论述了目前庭审公开存在的亮点与取得的进展,体现在相关制度依据的完善、公开意识不断增强、公开的程度不断提高、公开的方式呈多样化发展。第四部分,我国庭审公开面临的问题。包括直播设施基础保障不到位、网络直播视频质量有待提升、庭审的规范化程度较低、庭审公开的需求与供给存在偏差,以及庭审公开可能造成的消极影响等。第五部分,庭审公开的域外比较。梳理了包括美国、英国、加拿大等在内的多个国家和地区的庭审公开的现状,进行比较与借鉴。第六部分,完善路径和建议。提出一些建议和思考,如以不直播为常态的原则、建立以需求为导向的公开机制、设置统一的庭审直播规则、完善庭审直播平台建设和技术规则、加强庭审公开系统安全性的建设,以及配套解读机制和舆情应对机制。
[Abstract]:In recent years, with the advancement of judicial reform, the completion of relevant regulations and the rapid development of information technology, the degree of judicial openness has been continuously improved. In December 2016, the opening of China's open trial network marked another big step forward in judicial openness. The perfection and development of live trial is helpful to alleviate the public's doubt and distrust of judicial activities, promote judicial justice and establish judicial authority. However, the trial broadcast as the main form of trial publicity may also have a negative impact. This paper attempts to analyze the positive significance and possible negative effects of the trial opening based on live broadcast in China. Combined with practice, this paper discusses the progress and existing problems of open trial in our country at present, carries on the overseas comparison at the same time, puts forward the perfect suggestion for reference. The details are as follows: the first part, introduction. The significance and background of this paper are introduced. The second part, the significance of the trial. Trial openness is the basic path to implement trial publicity; it is an important aspect of judicial openness; it helps to achieve procedural justice; it helps to enhance the credibility of justice; it helps to popularize the law of the whole people. The third part, the progress of public trial in our country. This paper discusses the bright spot and the progress of the open trial at present, which is reflected in the perfection of the relevant system basis, the continuous enhancement of the public consciousness, the continuous improvement of the degree of openness, and the diversified development of the way of openness. The fourth part, the problem that our country trial public faces. It includes that the basic guarantee of live broadcast facilities is not in place, the quality of webcast video needs to be improved, the standardization degree of court hearing is low, the demand and supply of trial opening are deviated, and the negative influence that court hearing publicity may cause. The fifth part, the foreign comparison of trial opening. This paper reviews the current situation of trial disclosure in many countries and regions, including the United States, Britain, Canada and so on, and compares and draws lessons from it. The sixth part, perfect path and suggestion. Some suggestions and thoughts are put forward, such as establishing a demand-oriented open mechanism, setting up unified rules of direct trial broadcasting, perfecting the construction of trial broadcasting platform and technical rules, such as taking the principle of non-direct broadcasting as the normal rule, setting up a demand-oriented open mechanism. To strengthen the construction of the security of the open trial system, as well as the supporting interpretation mechanism and public opinion response mechanism.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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