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作为沟通民主与法治的桥梁,司法公开的重要性已愈发凸显。但侦查工作的特殊性,又决定着司法公开一刀切的不现实性。如何合理构建侦查工作的公开化问题,使之既顺应司法公开的要求,又能最大程度确保侦查工作的高效运行,理应成为理论界和实务界关注和理顺的重点。本文尝试在司法公开与侦查不公开之间求得平衡,并简要阐述构建符合我国国情的侦查有限公开制度。
As a bridge between democracy and the rule of law, the importance of judicial disclosure has become increasingly prominent. However, the particularity of the investigation work also determines the unrealistic implication of judicial disclosure. How to reasonably construct the openness of investigation work so that it not only complies with the requirements of judicial publicity but also ensures the efficient operation of investigation work to the maximum extent should be the focus of the theoretical and practical circles. This article attempts to strike a balance between the judicial openness and the non-openness of the investigation, and briefly elaborates the establishment of a limited open system of investigation in line with China’s national conditions.