审判管理的现代转型——从形式公开向实质公开的嬗变

Modern Transformation of Trial Management——Changing from the Surface Publicity to the Essence Publicity

在司法实践中,高歌猛进的审判公开过多地注重其形式表现,而忽视了实质内容。在制度层面,宏观性审判公开制度缺乏操作性的实施细则;在目标上,满足社会各界人士知情与监督要求的开放性需求被异化成了"选择性部分公开"中的保守性供给;在价值上,原控制司法权力的功能定位被人民法院的自保性策略所取代,最终导致了应当成为原则的审判公开退缩成了一种例外。只有努力开启审判公开的制度化,落实审判信息公开的规范管理,不断拓展法官素质的职业化,提升审判信息公开的自我管理,及时抑制司法心思的内卷化,优化审判信息公开的质效管理,充分打造审判设备的数字化,加强审判信息公开的技术管理,才能有效克服审判公开的形式主义倾向,将审判公开真正推向司法公开的实质化道路,从而真正保障社会主体与诉讼当事人的合法权益,督促法官不断提升其法律素养与职业道德,引导与教育社会公众知法守法,最终防止司法腐败并促进社会公正的实现。

In the practice of jurisdiction, the trial publicity pays much attention to the surface publicity rather than the essence publicity. In terms of the system, the macro trial publicity system is lack of the detailed implementation rules; in view of the purpose, to meet the publicity of the different social people＇s knowing the fact and supervising has been changed into the conservative supply of selectively partial publicity; in view of the value, the function of former controlling jurisdiction power has been positioned the self-protection strategy for the people＇s court; all lead to the fact that the trial publicity has been reduced into the exception. Only to put the effort into the systematization of the trail publicity, practice the regular management of trail information publicity, extend continuously the quality of the judge＇s occupation, promote the self-management of trial information publicity,restrain the involution of jurisdiction thought, optimize the quality management of trial information publicity, full create the digitalization of the jurisdiction equipment, strengthen the technology management of trial information publicity, which can effectively overcome the surface publicity, to promote the essence publicity of the trial publicity to the jurisdiction publicity, in order to guarantee the legal rights of the social subject and parties of litigation, to supervise the judge to promote the quality of law and occupational morality, to guide and educate the social people to know the law and abide by the law, and finally to prevent the jurisdiction corruption and achieve the realization of the social publicity.