Research on the Online Disclosure Modes of Adjudicative Documents from the Perspective of Functions
There are various modes of online disclosure of adjudicative documents in terms of comparative law,and the scope,objects and methods of online access depend on the localized interest measurement,and the specific interest measurement depends on the desired functions of online disclosure.Under the logic framework of"function-mode",there are typically the US mode of full online access based on the function of legal authority,the German model of limited online access based on the the function of demonstration,and the Korean mode of full online access based on the function of the supervision.In contrast,the system of online disclosure of adjudicative documents of China undertakes multiple functions and under the macro pursuit of"comprehensive disclosure"with the help of"full online access",its scope of online disclosure is large,the restrictions are few,and the nature of authority is strong.However,overly focusing on formal comprehensiveness and ignoring the balance of interests within the system will ultimately harm the fundamental values behind disclosure.Based on current practice and comparative-law experience,China's institutional goal should be shifted from pursuing full online access to achieving the function of openness,with the need to distinguish the supervision function from the demonstration function of online disclosure of adjudicative documents,and build the system of disclosure of adjudicative documents with specific functions at the center that coordinates online and offline disclosure,non-specific and specific disclosure,disclosure initiated by authority and application.
万方数据
维普
