Public hearing means that the People's Court openly hears cases and announces judgments in public, allowing citizens to observe, and allowing people from the news media to interview and report. That is, except for adjourning the case to review the case, the entire process of the court hearing is made public. Open trial is a democratic trial principle that has been generally stipulated by modern national legislation and confirmed by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, thus becoming an international criminal justice norm.
Which cases are not heard in public?
1. Cases involving state secrets.
2. Cases involving personal privacy.
3. Trials in cases where the defendant is under the age of 18 shall not be heard in public; however, with the consent of the minor defendant and his legal representative, the minor defendant’s school and minors’ protection organization may Send a representative to the scene.
4. If the application submitted by the party does involve trade secrets, the court may decide not to hear it in public.
For cases that are not to be heard in public, the reasons for not hearing them in public should be announced in court. Cases that are not heard in public will be pronounced in public.
The significance of the principle of open trial;
Public trial is an important manifestation of litigation democracy and an important guarantee for judicial fairness. The significance of the principle of open trial is mainly reflected in three aspects: First, open trial puts trial activities under the supervision of the parties and society, which is conducive to ensuring the fairness of the trial. Public supervision by the parties and society can urge the court to strictly abide by legal procedures, conscientiously implement various trial systems, respect and protect the litigation rights of litigation participants, accurately and strictly apply the law, and make fair judgments. Secondly, it is conducive to enhancing the credibility and judicial authority of criminal justice. Open trials enhance the transparency of criminal justice and place the criminal trial process and results under the supervision of the parties and the public. This not only helps prevent judicial corruption and the abuse or arbitrary exercise of judicial power, but also helps the parties and society Public recognition, trust and respect for national criminal justice activities, thus helping to enhance the credibility of criminal justice and increase its authority. Finally, the openness of trials is conducive to strengthening legal propaganda and enhancing people's legal awareness. The trial is public, citizens have the right to observe the trial, and media people can report on it. This is also a form of allowing citizens to participate in the judicial process.
This form can cultivate public legal awareness and increase enthusiasm for democratic participation. At the same time, the openness of the trial makes the trial process an important form of educating the parties and the public to enhance their legal awareness. The information obtained from the trial process can enrich their legal knowledge, enhance their awareness of rights and obligations, and improve citizens' consciousness and enthusiasm in fighting crime.