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审判旁听制度作为审判公开原则的必然要求和重要内容,不仅是诉讼法程序中的一项重要制度,更是对宪法层面公民的知情权、监督权等基本权利的落实。近年来法院系统在落实司法公开工作上取得很大的进展,但客观来看,审判旁听制度的施行实效仍未达到制度设计之预想,普通案件公众参与不足与热点案件旁听受阻现象并存。旁听制度自身的缺陷,公众认知的局限性,法院对司法公开认识的不足甚至人为制造障碍均影响着制度的落实。扫清影响审判旁听制度的障碍,推进其规范化与实效化成为当前亟待解决的问题。
As an inevitable requirement and an important part of the principle of open trial, trial adjudication system is not only an important system in procedural lawsuit, but also an implementation of such basic rights as the right of citizens to know and supervise on the constitutional level. In recent years, the court system has made great progress in implementing the work of judicial publicity. However, objectively speaking, the effective implementation of the judicial hearing system has not yet reached the expectation of system design. Public participation in common cases and the obstruction of hot cases coexist. The defects of the attendance system, the limitations of the public cognition, the lack of court’s understanding of the judicature of the judiciary and even the man-made obstructions all influence the implementation of the system. To clarify the obstacles that affect the trial hearing system and promote its standardization and effectiveness has become an urgent issue to be solved.