According to Bian Xiao's preliminary research, it is not a "pioneering work" in recent years to divide the archives of judicial organs into positive and secondary volumes. The establishment of the supplementary examination system can be traced back to the beginning of the founding of New China, with a history of at least 60 or 70 years. However, there are clear regulations on how to divide and manage the primary volume and the secondary volume.
1in March, 957, the Supreme People's Court and the Ministry of Justice gave a reply, clearly stipulating that materials related to the case, such as review records, but not in the course of litigation (such as case clue materials, etc.). ) A separate volume should be attached, which lawyers should not read.
1984, 199 1, the Supreme People's Court issued the Measures for Filing Litigation Documents of People's Courts twice, both of which took "supplementary volumes shall not be made public" as the system requirement.
Judging from the Regulations on the Administration of Criminal Case Files, the positive volume is the file that can be consulted by the parties, lawyers and staff of other organs. The three organs of the public security inspection law only correct the papers and return them after the case is closed. Supplementary volume is a file only allowed to be read by case handlers and relevant leaders of this department. It shall not be transferred or made public according to law. Because the litigation system is the "second instance and final adjudication system", all litigation files, including the original and supplementary volumes, must be transferred between the courts of first instance and second instance.
Senior people in the industry told me that the different opinions of foreign judges discussing cases are also confidential. Only the Court of Appeal can announce the dissenting opinions of judges. Because the court of appeal only hears legal issues, only discloses the different opinions of a few legal personnel on the application of law or policy issues, and has no doubt about facts or evidence.
Secondly, the dissenting opinions and official judgment documents are issued separately, and they are in the personal name of the judge and have no legal effect.
Finally, and most importantly, the collegial panel deliberation record and the jury discussion record are strictly confidential. Making it public without permission, even if it is leaked orally, is also a serious criminal offence. In the Supreme Court of the United States, no one is allowed to sit in the meeting room when the chief justice discusses the case. Even the most junior judge is responsible for opening the door and pouring coffee.
Third, the positive and negative volumes are "two guarantees"
Why do you want to divide files into positive volumes and secondary volumes? According to insiders, there are the following considerations: some secondary volumes are state secrets; Some belong to the decision-making information of handling cases, and the secondary volume is loaded to protect the safety of case handlers; Some involve information such as parties, witnesses and informants. , and load the supplementary volume to protect the safety of relevant personnel; There are other materials and information that should not be disclosed, and they are also loaded into the secondary volume; Wait a minute.
In particular, another important consideration in dividing the main volume into the main volume and the auxiliary volume is to protect the right of the parties, lawyers and even citizens to know the case.
Because if the files are not divided into first-class volumes and second-class volumes, as long as all files contain confidential or inappropriate contents, the parties and lawyers cannot read the files. After the files are divided into the main volume and the auxiliary volume, and the scope and content of the auxiliary volume are regulated and strictly restricted according to law, the parties and lawyers can no longer be prevented from consulting the files on the grounds of confidentiality, and citizens can also apply for consulting the files according to law after filing the case.
Therefore, when the case file is divided into the primary volume and the secondary volume, the consideration is to prevent the judicial organs from abusing the right of confidentiality and protect the lawyer's right to read and know.
From this point of view, the existence of supplementary papers is not only for confidentiality, but also for the protection of the right to know.
Four, the supplementary volume is not confidential, and the disclosure must be cautious.
According to the laws and regulations and the management regulations of various departments, the supplementary volumes of the case-handling organs are generally managed and protected according to the work secrets. The supplementary volumes of public security organs are the secrets of investigation, procuratorial organs are the secrets of procuratorial work, people's courts are the secrets of judicial work, and the supplementary volumes of other organs are also the secrets of their own organs.
Those who illegally spy, steal or disclose the contents of supplementary volumes shall be investigated for legal responsibility according to law.