论庭审公开

The Public Trial

庭审公开包括庭审应当以公开开庭的方式进行以及审理结果必须以庭审查明的事实和说明的理由为依据,庭审未涉及的证据和事实不得作为裁判的依据,庭审未说明的理由不得作为裁判的理由两个方面的含义。庭审公开关键是充分实现刑事庭审的可接近性、可获得性、可依靠性三个特征。

Public trial does not only means criminal trial being heard in public, but also means each judgment being based only on facts that are ascertained during the trial and reasons offered during the trial. The key of a public trial is to ensure accessibility of a public hearing, acquirability of information of the nature and cause of the accusation, reliability of facts and reasons ascertained in the court.