First, the meaning of public trial and trial secrecy
Public trial is an important principle of China's judicial system. The main purpose of establishing an open trial and trial affairs system is to realize judicial justice, let the parties know the specific requirements and procedures of litigation, further standardize trial activities, and increase the fairness, openness and transparency of trial activities.
Keeping trial secrets is an important part of the work of the people's courts. The Secrecy Law and the Measures for the Implementation of the Law on Guarding State Secrets clearly include trial secrets in the category of the Secrecy Law. It is undoubtedly illegal to disclose trial secrets, and serious circumstances constitute a crime. At the same time, the Supreme People's Court and the State Secrecy Bureau stipulate in Article 7 of the Provisions on the Specific Scope of State Secrets and Their Classification in the Work of People's Courts that the judicial committee and collegial panel of the people's court shall discuss the specific circumstances and records of the case and other matters that are not state secrets, but will cause adverse effects and consequences once they are made public, they shall keep them confidential according to the secrets of the trial work and shall not spread them publicly without authorization.
Second, the status quo and cause analysis
However, while vigorously promoting the openness of the trial, the court is also facing another difficult problem. In the current judicial practice, due to various reasons, the disclosure of trial secrets happens from time to time, which seriously affects the smooth progress of trial work.
In recent years, the disclosure of trial secrets by the court is mainly manifested in the following aspects: first, the disclosure caused by the judge or members of the collegiate bench and judicial Committee in this case; Second, individual judges deliberately disclose information because they disagree on the handling of cases or have certain interests with the parties; Third, some judges lack vigilance and awareness of prevention, which leads to unintentional disclosure.
The author believes that the reasons for the leakage are: (1) leaders did not pay enough attention to it and the goal was not effectively implemented; The police officers of the relevant courts do not know how to keep secrets; The internal system is not perfect, and the files or materials involved in the case are stolen or lost due to poor management, resulting in leaks; The investigation and punishment of leaks is not strong enough, and it is simple and trivial, so that the phenomenon of leaks can not be fundamentally curbed.
Three, some suggestions on the secrecy of the trial under the new situation
1, strengthen the safety knowledge education of political and legal police officers and improve their safety awareness. While strengthening the trial and judicial openness, we should carry out propaganda work on the importance of keeping trial secrets, and effectively change the superficial understanding of some political and legal police officers on keeping trial secrets; At the same time, the warning education of trial secrets should be carried out, and typical cases with serious consequences caused by improper custody of trial secrets in China's current judicial practice should be selected to keep the alarm bells ringing.
2, formulate strict and effective rules and regulations, to ensure that the trial, trial affairs open and keep trial secrets of the system implemented. With the full implementation of the reform of court trial mode, the secrecy work should also be reformed with the reform of trial mode. The public should be made public in time to ensure the smooth flow of information channels and let the parties enjoy more right to know and supervise. However, it must be emphasized that we should not blindly pursue the so-called "information disclosure", but should pay attention to whether it is open, strictly determine the scope of confidentiality, severely investigate and deal with leaks, and never tolerate them.
3, strictly put an end to the leak in the process of document printing. In practice, the disclosure of trial secrets often occurs due to poor printing of documents, so it is necessary to establish and improve the confidentiality system of trial work and various rules and regulations such as document distribution, printing and data management. The printing of various legal documents of the court shall be carried out in the people's court, and it is forbidden to print outside the court to prevent leakage.
4. Create a pattern of confidential work with complete system, clear responsibilities, grasping with both hands, making no mistakes, and strictly guarding against death, and put confidential work into the agenda of court work, so as to truly implement confidential work, make court work more adapt to the needs of the new situation, and better provide judicial guarantee for the all-round progress of China's reform, opening up, and socialist modernization. Authors: Chengdu chenghua district People's Court.