Journal of Hebei University(Philosophy and Social Science) ›› 2021, Vol. 46 ›› Issue (5): 154-160.DOI: 10.3969/j.issn.1005-6378.2021.05.016

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The Substantive Openness of Judicature in China and Its Guarantee

CHEN Yuzhong   

  1. College of Law, Hebei University, Baoding, Hebei 071002, China
  • Received:2021-05-09 Online:2021-10-07 Published:2021-10-07

Abstract: Based on different requirements and situations,open justice could be divided into comprehensive openness,partial openness,procedural openness, resultant openness,formal openness and substantive openness.By reinforcing open justice,the Supreme Peoples Court has achieved the transformation from trial openness to comprehensive openness,from procedural openness to openness both on procedure and result,so we could say that the system of open justice in China has been unified and generalized tentatively.However,it should also be noted that the important links and contents,including the basis of adjudication,a few different opinions of the collegial panel and the judicial committee,are still not open.The lack of substantive openness will inevitably affect the effect of openness and restrict the realization of the ultimate goal of judicial openness.The realization of judicial openness,especially the realization of judicial substantive openness,requires not only the construction and improvement of various information platforms of courts at all levels,but also the guarantee of deepening the reform of the judicial system and the support of innovating the judicial working mechanism.From the current point of view,we should focus on solving the problems that the judicial process information is not really fully open,the basis of judgment is not fully open,and a few different opinions of the collegial panel and the judicial committee are not allowed to be open.

Key words: open justice, substantive openness of judicature, public trust of judicature

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