Current situation of case information disclosure in grass-roots procuratorates

Since the concept of "openness of procuratorial work" was put forward in China, the construction of openness of procuratorial work system has gone through three development stages: preliminary planning, exploration and development, and comprehensive openness. Practice has proved that the openness of procuratorial affairs is an effective way for procuratorial organs to satisfy the public's right to know and accept the supervision of the masses. The establishment of case information disclosure system is the need to actively adapt to judicial reform and informatization development, and it is also an inevitable requirement to deepen the openness of procuratorial affairs and protect the right to know and participate in criminal proceedings. (I) Scope and Form of Information Disclosure of Daqing Procuratorate In order to standardize the disclosure of case information, the Supreme People's Procuratorate has developed the People's Procuratorate's case information disclosure network, standardized the Internet case information disclosure, and formulated the Provisions on the Disclosure of Case Information of People's Procuratorate (for Trial Implementation) (hereinafter referred to as the "Working Provisions"), which clarified the scope and content of case information disclosure and legal documents disclosure. The main contents of case information disclosure include case procedure information disclosure, legal document information disclosure and important case information disclosure. As the main department in charge of case information disclosure, the case management office of the procuratorial organ has two main forms of disclosure: one is to open it to the unspecified public, and the other is to publish the effective legal documents of the court on the display screen of the office building of the procuratorial organ, such as not approving the arrest decision and revoking the case notice. The second is to make it public through the Internet. According to the regulations of the Supreme People's Procuratorate, the final legal documents and important case information of the people's procuratorate should be published on the case information disclosure website of the people's procuratorate, and the official website of the procuratorate should also be published simultaneously. Open to a specific audience, one is open to the parties to the case. The parties to the case and their close relatives can go to the case management department to inquire about the handling process and time limit. The second is to be open to defenders and litigation agents. At present, the procedural information disclosure of lawyer cases mainly adopts the combination of case management hall inquiry, telephone inquiry and Internet inquiry. Lawyers only need to submit three certificates to obtain procedural information such as the time of accepting cases and the time limit for handling cases. (II) Problems and reasons in case information disclosure 1. The disclosure is not timely and the disclosure content is not comprehensive. According to the requirements of the Work Regulations of the Supreme People's Procuratorate, case information and legal documents that do not involve state secrets, commercial secrets, personal privacy and juvenile delinquency should be made public on the Internet, and the time limit for disclosure is specified. However, judging from the implementation results, the disclosure rate of documents is not high. After receiving the court judgment, some case handlers did not click on the final documents of our hospital within the prescribed time limit, and some legal documents sent to the case management department for public review did not undergo technical treatment as required, which did not meet the public standards in the working rules. As a result, the information content published by the people's procuratorate on the internet is less and the progress is slow. The disclosure of case information is one-sided and lagging behind. 2. The system is not perfect, and the standard of publicity is difficult to define. According to the working rules, the information of major cases that people's procuratorates should release includes: filing and investigation of duty crime cases with great social influence, decision on arrest and prosecution, approval of arrest of criminal cases with great social influence, and prosecution of typical cases that have been concluded. In the disclosure of legal documents, "major and sensitive cases will be handed over to the case management office after being approved by the procurator-general". How to define the social impact, whether it is concerned by the society, what is a typical case, the specific scope of major sensitive cases, and the criteria for identification need to be stipulated according to specific circumstances. 3. The publicity of legal documents mostly focuses on form. As the supervisory organ of the law, the procuratorial organ must rely on the law to convince people and win the trust of the people. At present, most of the legal documents made public by procuratorial organs are outcome documents, and most of them mainly inform the results, and rarely involve facts and jurisprudence, which inevitably makes the documents "go through the motions" and greatly reduces their significance. 4. Lack of corresponding public opinion review and public opinion handling mechanism. Legal documents and major case information are online, which satisfies the public's wider right to know, while a small amount of information may infringe the privacy of the parties. In addition, some flaws in legal documents, such as imprecise wording and punctuation errors, may be magnified by the internet and the media, which will have a negative impact on case handlers and even procuratorial organs. Therefore, it is necessary to establish a corresponding public opinion response mechanism.