论人民法院生效裁判文书的公众查阅机制

On Mechanism for Public to Access Court's Effective Judgment Document

我国新修订的《民事诉讼法》对社会公众查阅生效民事裁判文书的权利进行了正式确认。这既是司法公开的必要性使然,也蕴含着对司法正当性的价值期待。针对实践中存在的问题,应当按照我国现行法律要求,对社会公众、个人隐私等模糊性概念进行统一厘定。在构建生效裁判文书公众查阅机制时,应当围绕司法公开的价值目标,充分权衡并协调好制度、理念与价值之间的现实冲突,统一制定细则性规范文件,以更好地回应和满足公众对司法公开的现实需求。

In the new revision of Civil Procedure Law of the People＇ s Republic of China, the rights of social public to access effective judgment documents of the people＇ s court have been formally confirmed. This is not only decided by the necessity of open justice, but also contains the value of judicial legitimacy expectations of the public. The people＇ s courts at all levels should be in accordance with existing legal requirements, and define the following abstract concepts systematically, such as social public, personal privacy, and so on. At the time of building the mechanisms of social public to access the effective judgment documents, we must revolve around the value of open justice goals, fully consider and coordinate many conflicts among system, idea and value, and formulate the uniform rules of normative documents, to better response and satisfy the public＇ s practical demands of open justice.