论案侦信息公开化问题

On the Information Publicity in Case Investigation

案侦信息一般具有隐蔽性,其面向当事人和社会公众公开,存在适度问题。案侦公开是警方侦查权与公众知情权的博弈。其公开的现状,第一是面向当事人的,第二是面向检察、法庭等相关人员的,第三才是面向社会公众的。侦查公开案件信息,具有阶段性、程序性与封闭性。侦查信息的公开化,虽然具有现实必然性,但司法体制内的侦查监督具有间接性与滞后性。侦查隐蔽性与其公开的趋向是一种动态平衡,司法信息公开化与侦查的封闭性也存在博弈。网络自媒体迫使案侦处于一定的可视状态。案侦信息的适度公开化,能够阻止流言,正确地引导社会舆论。侦查效率也需要兼顾案件公开的社会效益。

Usually, the case information is concealed and it opens to litigant and the public in moderation. Case publicity is a game between the police's power of investigation and public's right to know. For the current publicity situation, firstly it is public to the litigant,then to relevant personnel such as prosecutors and judges, finally to the public. It is with gradualness, procedure and closure. To realize the publicity of the case investigation, although it is necessary, it is yet very hard to conduct because the supervision of investigation in judicial system is indirect and always lags behind. It is a dynamic balance between concealment of investigation and openness trend. It also has a conflict between judicial information publicity and closed investigation. Network media let the case investigation in a visual state. Moderate publicity of case information can stop rumors and can properly guide the public opinion. Finally, we should take into account the balance between investigation efficiency and social benefit which the publicity of the case brings.