一、公开制度的形式内涵与实质内涵中外民事诉讼法的发展史表明：司法审判越是专制，诉讼的封闭性越强．反之．司法审判民主性程度越高诉讼开放程度也越高。中世纪无论是教会审判还是世俗审判，都主要采用秘密方式进行，诉讼整个过程基本是封闭的．不仅对社会而且对当事人也保 I. The Connotation and Essence of the Open System The history of the development of civil procedural law in both China and foreign countries shows that the more judicial the authoritarianism is, the more closed the lawsuit is. on the contrary. The higher the degree of democratic judicial trial, the higher the degree of litigation open. The Middle Ages both the trial of the church or the secular trial, are mainly conducted in a secret manner, the whole process of litigation is basically closed. Not only for the community but also for the client