公开审判新论

本文通过对公开审判的理论基础进行分析 ,从而对公开审判的原则性地位提出质疑 ,并通过对公开审判的历史发展及中国的诉讼文化传统的思考 ,对公开审判做出了新的定位。

The first part is about the analysis on the theoretic basis of the principle. In the second part, authors doubt that open trial is a basic principle in judicial system. The third part is to introduce the evolution of the judicial pratice of open trial and Chinese traditional culture in the field of litigation. In the last part, a conclusion is given that open trial should not be set up as a basic principle in judicial system, but a choice for litigants to make at their own discretion.