论未成年人刑事判决之有限公开

我国刑事诉讼法未就未成年人刑事判决宣告方式做特别规定,这一法律漏洞致使未成年人刑事判决只能适用成年人模式即公开宣告,但公开宣判方式不符合未成年人隐私保护和少年司法矫正之宗旨,因此,急需通过法律修订以填补法律漏洞。修改时,需将未成年人刑事案件判决宣告和判决文书网络公开之法律规定作为一个整体予以考量。为了未成年人隐私保护、公众知情权和司法监督等诸价值之平衡,未成年人刑事判决应当有限公开,即未成年人刑事判决宣告原则上实行不公开主义,无罪判决可申请公开;未成年人刑事判决文书采用隐去未成年人个人信息的网络有限公开模式。

On the Limited Publicity of the Judgment of Juvenile Criminal Cases

The announcement of the judgment of juvenile criminal cases is not provided specially in criminal procedure law of China. Such a legal loophole leads to the application of adult mode,namely public announcement applied to the judgment of juvenile criminal cases. But the mode of public announcement doesn't conform to the purposes of protection of the juveniles' privacy and correction of juvenile justice. Therefore there is an urgent need to fill the legal loophole through the amendment procedure. The legal provisions of the announcement of the judgment and the online publicity of the judgment document of juvenile criminal cases should be considered as a whole in the process of amendment. To achieve the balance of the values of juveniles' privacy protection,the public's right to know and judicial supervision,the judgment of juvenile criminal cases should be open partly. That is: the announcement of the judgment of juvenile criminal cases should be closed in principle,acquittal may be opened and the judgment document of juvenile criminal cases should be publicized limitedly online by filtering the identity information of the juvenile.