刑事诉讼档案公开的限度、程序和条件

Limits, Procedures and Conditions of Publicity of Criminal Procedure Files

刑事诉讼档案公开就是指由刑事诉讼档案向当事人和社会公众公开,在世界各国也是常态和常识,但在我国没有引起足够的重视,一个案件的裁判生效了,但是诉讼档案却处在无限期保密状态。自1984年最高人民法院颁布《人民法院诉讼档案管理办法》实施以来,我国诉讼档案公开的规范和实践都取得了很大的成绩,却也存在不少的问题,没有建立全国统一的电子化平台;诉讼档案电子化并没有全部完成;刑事诉讼档案公开的实质规范缺乏,对于公开的内容以及公开主体都规定不详,公开的方式和程序不具体,从而不能很好的满足当事人和社会公众的知情权。诉讼档案公开在时间和方式上要遵循档案法的一般规定,也有其特殊性。立法要进一步明确诉讼档案公开的范围、期限、对象、方式和时间,还要出台纸质档案的集中管理、诉讼档案电子化、制作诉讼档案的查询索引、确立诉讼档案的查询收费标准等保障性机制。

Criminal proceedings archives publicity refers to the disclosure of criminal proceedings archives to the parties and the public. Litigation file publicity is the content of ＂the construction of open, dynamic, transparent and convenient sunshine judicial mechanism＂proposed in the report of the Communist Party of China in the fourth Plenary Session of the 18 th CPC Central Committee. In the world it is also normal and common sense, but in our country it has not attracted enough attention. The sentence of a case came into effect, but the lawsuit file is in an indefinitely confidential state. Since Measures for the Administration of Litigation Archives of the People＇s Courts was promulgated by the Supreme People＇s Court in 1984, the norms and practices of the opening criminal litigation files have made great achievements, but there are also many problems. There is no unified national litigation file electronic platform; The electronic filing of the proceedings is not complete;Owing to being lack of substantive standards in criminal proceedings, neither the content nor the subject of the publicity are stipulated in details. Apart from that the publicity ways and procedures are not specific which can not satisfy the parties＇ and the public＇s right to know. In the time and mode, the litigation archives should be in accordance with the general provisions of the archives law, and also have its particularity. Legislation should further clarify the scope, duration, object, manner and time of the opening criminal litigation files. We should also introduce the centralized management of paper archives, the electronization of litigation files, the query index of litigation files, and the establishment of the inquiry and charging standards for litigation files.