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2013年1月1日起开始实施的新民事诉讼法第一百五十六条规定,公众可以查阅发生法律效力的判决书、裁定书。该规定放开了查阅司法文书的主体范围,被学界理解为司法文书的全面公开。全面公开司法文书固然会带来庭审的阳光化运行和司法审判制度的完善,是司法领域提升司法公信力、塑造司法亲和力的难得机遇。但在现阶段,司法文书公开带来的挑战远远大于机遇,虽然各地法院有司法文书公开的先进经验,但仍面临五道难关。
Article 156 of the new Code of Civil Procedure, which came into effect on January 1, 2013, provides that the public may inspect verdicts and rulings that have legal effects. This stipulation opens up the scope of the main body of judicial documents and is understood by the academic circles as the full disclosure of judicial documents. The full disclosure of judicial documents will surely bring about the sunshine operation of the court trial and the perfection of judicial adjudication system. It is a rare opportunity in the judicial field to enhance judicial credibility and shape judicial affinity. However, at this stage, the challenges posed by the open disclosure of judicial documents outweigh the opportunities. Although courts throughout the country have advanced and open judicial experience, they still face five difficulties.