刑事诉讼案件公开的反思与重构

尽管法律文本对刑事诉讼案件公开已有初步的规定,但是因为其尚不完善,导致司法运行中产生了诸多问题。其严重后果是影响了法官的独立决断和对嫌疑人的权利保护。要改变当前法官在审判中的尴尬境地,应当构建比较健全的刑事案件公开机制,保障公众权利与司法裁判之间的合理界限。

The Reflection and Reconstruction of the Case Opening in Criminal Procedure

Although criminal case opening mechanism has been set up in text primarily,it is always found that imperfect regulation leads to many problems in practice,the most serious of which is the judge＇s independence and the right of suspect are threatened.In order to change the judge＇s awkward condition in trial,perfect criminal case opening mechanism shall be built up to guarantee the reasonable limit of public rights and justice independence.