Xiao Ailun/Text Recently, the Supreme Court issued a notice on the construction of a national court referee library.Only the police of the courts across the country internal special network queries and retrieval referee documents.
One stone stirred thousands of waves.People question whether the disclosure system of the referee documents that began in 2013 has shifted. Critics said: If the referee documents are no longer disclosed, and the important channels for public participation in supervision of judicial justice will be blocked.Great backward?Some people even worry that the judicial lawsuit will enter the "relationship era" because of this, which will lead to a new round of judicial corruption?
From the perspective of the notification itself, the above criticism is yet to be questioned.Because it is news, the Supreme Court is also preparing the "People's Court Case Library" simultaneously for the use of courts and the majority of judges at all levels, and in a timely and appropriate manner for public use.In addition, the notification does not actually involve the existing "existence and abolition" of the existing China Truth Document Network, although it is unclear whether the referee document library and the "people's court case library" and the Chinese referee document network.Replacement relationship.
But I think the criticism of the Supreme Court's notice is by no means worried.Will the Judicial Public Conference not be asserted for a while, but the relevant departments need to respond in a timely manner for doubts and concerns about the public.
First of all, since the operation of the China Magistrate Document Network in 2013, the disclosure system of the referee has not only become an important milestone for the construction of the rule of law for more than ten years.The People's Daily has clearly stated that the disclosure of referee documents is an important part of judicial disclosure, which is conducive to strengthening judicial transparency, strengthening supervision, preventing judicial power from abuse, and conducive to the people's courts to establish judicial authority and enhance judicial credibility.The referee documents that the courts that the courts, especially the Supreme Court, through the Internet have been promptly and comprehensively announced in a general trend in the international judicial field.Since 2014, under the vigorous promotion of the Supreme People's Court, as of November 2019, the referee documents on the referee documents have exceeded 80 million. Since the implementation of the referee documents in 2016There are significantly improved.This is a powerful measure to implement judicial disclosure and promote judicial justice, and it is also a major achievement in judicial reform in recent years.
Secondly, although there are still problems with the current disclosure of referee documents, they are not reasons for the restrictions, denying, and even replacing the operation of the referee.The disclosure of the referee is indeed the following problems: the phenomenon of selective disclosure still exists, and some major cases (including hot cases and guidance cases) have not been announced; the timeliness of documents has improvedThere is no uploading within a reasonable time; the phenomenon of excessive hiding in the document information and the non -concealment of sensitive information are existed at the same time.Some opinions also pointed out that there are currently technical methods that use technical methods to make illegal profits and even violate the illegal phenomenon of privacy and personal information of others.The author does not deny the existence of these problems, but rather than the "disadvantages" or "defect" of the disclosure of the referee documents, it is better to say that the disclosure system of the referee is still quite optimized, standardized, and improved.The so -called basis of the referee document network.
Third, it is especially important to note that the currently running referee documents have long surpassed the level of professional and legal persons, and it has profoundly affected all aspects of social life.According to statistics, the cumulative number of clicks of referee documents has reached 100 billion times in the past ten years, which shows its widely used applications.However, it is worrying that since 2021, the disclosure rate of correctional documents in criminal, civil, and administrative cases has shifted sharply from 70%-80%from 2018 to 2020, and the disclosure rate of criminal and civil case documents has fallen by nearly 50%.The open rate of administrative cases fell to individual digits.The retreat of judicial organs has obviously farther with the public's huge demand for the disclosure of documents.
The judicial itself is a tailoric power. Except for special circumstances, the facts of the case, the results and reasons of the referee are the only thing that is necessary to make it.Only in this way can we realize the judicial governance of modern society through the handling of cases.We often say that justice must not only be realized, but also to be realized in a visible way; we also firmly believe that "let the people feel fairness and justice in every judicial case" is by no means empty words.But if you deviate from the avenue of judicial disclosure, how can justice be visible and felt?The referee's document publicly carries the goals and ideals of the rule of law. We sincerely call for it and look forward to it that the door to this judicial disclosure should not only be closed, but also the bigger, the better.
(Author is legal scholar)
