论我国法院副卷制度的改革

On Reform of Vice Dossier System in Chinese Court

我国法院的案卷有正卷、副卷之分。法院副卷严格保密、严禁查阅是各级人民法院长期执行的一项工作原则。随着我国法治建设的发展,法院副卷制度存在的问题也日益凸显出来:它不符合司法公开和审判公开的发展趋势;违反独立行使审判权的司法规律和严禁干预司法活动的规定;限制并缩小了当事人、诉讼代理人以及辩护人的阅卷权;背离了现代诉讼证据裁判原则的基本要求。改革法院副卷制度具有重要意义,有助于深化司法公开,增强当事人和社会公众的知情权,并使其感受到程序正义。改革的设想是通过逐渐限缩副卷中的材料范围,依对外公开阻力的不同将副卷中的材料分阶段、分步骤地转入正卷,最终实现所有诉讼材料一卷保存、彻底废除副卷的目标。

The case files in The People＇s Court of our country are divided into the official dossier and the vice dossier. To keep the vice dossier as a secret is a long--term discipline performed by the people＇s courts. However, with the continuous improvement of the construction of rule of law in China, problems of the vice dossier system are becoming more and more obvious. The main problems are that the vice dossier system conflicting with the judicial publicity and the public principle in judgment; violating the judicial law of exercising the judicial power independently and the provisions of prohibition of power intervention ; limiting the right to inspect the file scope and contradicting with the principle of evidence judgment. Therefore, the reform of the vice dossier system is of great significance. It is helpful to deepen the judicial publicity, strengthen the parties and the public＇s right to know and make them feel the procedural justice. We suggest to shrink the range of materials in the vice dossier by orderly and gradual step, transfer the litigation materials to the official dossier according to its different resistance to open, finally, all the materials of the case should be saved in one dossier and abolished the vice dossier system completely.