摘要
司法公开的制度设计看似已非常完备,但实际运行的效果却与期望尚有差距,其根本原因在于审判信息的实质性公开不足,通过对典型刑事错案的梳理与分析,探寻产生错判的原因,并针对性地提出审判信息实质性公开的实现进路,完善相关的制度构建。审判信息实质性公开不足的症结,即裁判形成过程不公开,这是司法公开的最核心领域,同时也是目前我国司法公开的最薄弱环节。探寻其原因,审判信息实质性公开不足应归咎于刑事庭审虚化,具体可以分为庭审流程草草了事和审外程序喧宾夺主两个层面。构建完善审判信息实质性公开路径,就需要在庭审流程和审外程序两个层面遵循司法规律,并以庭审为中心。
The design of judicial publicity system seems to be very complete, but there is still a gap between the effect of its actual operation and expectations, and the basic reason lies in the lack of substantial publicity of the trial information. Based on analysis of the typical misjudged criminal cases, the author intended to explore causes of wrongful judgment, and pointedly put forward the path to realize substantial publicity of the trial information, so that it can improve the relevant system construction. The lack of substantial publicity of the trial information, namely the formation process of judgment is not open, is not only the problem of the core area of judicial publicity, but also the weakest link of judicial publicity in our country at present. To explore the reasons, the lack of substantive justice information disclosure should be blamed on criminal trial virtual which can be divided into the two aspects concretely including the trial process being hastily and external audit program being overwhelming. So, to build and improve the path to realize substantial publicity of the trial information, we need to follow the principle of judicial regulation and make trial as the center, which also can be divided into the two aspects including the trial process and procedures outside the trial.
出处
《天津法学》
2016年第2期11-16,共6页
Tianjin Legal Science
关键词
冤假错案
庭审程序虚化
庭审实质化
审判中心
unjust
false and erroneous cases
virtual criminal trial procedure
the essence of trial
trial center
