Abstract
AbstractJudicial openness in contemporary China includes six aspects: open case filings, public trials, open enforcement, open hearings, publication of judgments, and open trial affairs. However, historically the origin of judicial openness, both in the history of the Chinese legal system and foreign legal systems, is mainly an open trial. According to current research findings, “public trial or open trial” is the result of the bourgeois struggle against feudalism; in the modern West, “public trial” first became the fundamental principle of litigation. This conclusion is biased due to the lack of an in-depth understanding of the judicial history of China. As the historical origin of judicial openness, public trials in the history of the Chinese legal system and foreign legal systems have been developing independently but have the same effect.
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