知情权与司法公开法治化

On the Right to Know and the Rule of Law in Judicial Publicity

知情权需求日益广泛与司法公开功能有待提高之间的矛盾是司法实践中存在的主要问题,并已成为掣肘公民知情权实现的主要障碍。知情权是一个具有历史意义的概念,通过知情权概念生成语境的域内外考察,以及其内在要素的全面剖析,对当下知情权概念进行解读。在定位知情权与司法公开法治关系的基础上,从完善司法公开的价值维度,实现司法公开之治,健全司法公开评价机制等三个层面,架构司法公开的法治路径,以满足人民日益增长的知情权需求。

The contradiction between the increasing demand for the right to know and the weakness in the function of open jus- tice is a problem in the judicial practice, which has become a major obstacle in the realization of the right to know. The right to know, a historical concept, is firstly defined through the internal and external investigation of the context of formation of the con- cept of the right to know, and a comprehensive analysis of its internal elements. Then, the legal path of judicial publicity on the basis of the relationship between the right to know and the rule of law in judicial publicity is constructed from levels of a sound value of judicial publicity, realization of the rule of judicial publicity, and perfecting the judicial public evaluation mechanism, so as to meet the growing need of people＇s right to know.