Research On The System Of Remote Trials In The Civil Litigation

The remote trials in the operation of the procedure presents characteristics unlike the past,which leads to the rules and theoretical system constructed in the traditional court trial in the process of regulating the remote trials does not adapt,thereby restricting the play and development of the remote trials.In theory,the conflicts between remote trials and traditional procedural jurisprudence have not been well explained and coordinated.In practice,the development of remote trials generally is facing the problem of legality,due to the lack of normative guidelines of higher validity and inconsistent local practices,with some regions’ judicial practices even breaking through the existing legal provisions.However,the technologicalization of judicial activities is an inevitable trend in the integration of procedural law into the information society,and this trend will constantly expand.As the application of remote trials has become a common demand,it is necessary to respond positively on the legislative level,in order to expand the space for the institutionalization and normalization of remote trials.The remote trials is entwined with information technology,but it should be clear that the essence of remote trial as judicial adjudication has not changed,technology is only a tool for facilitating the achievement of litigation purposes.Therefore,in the process of constructing and applying the system of remote trials,we should be vigilant against technology cultism,adhere to the development concept of "party-centeredness",and conduct the design of rules and procedures by granting the parties the right to choose the procedure and referring to the function of traditional court trials,thus further enhancing the legitimacy and acceptability of the reform.Due to the weakening of the principle of direct speech,the "all-interesting purpose of the debate" and the sense of judicial ritual,the scope of application and the place of application should be restricted correspondingly.It is necessary to build a technical risk blocking mechanism to prevent the legitimacy of the trial process from being affected by the inherent risks of the technical system,while the relevant procedural mechanisms should be optimized to regulate and guide the application of remote trials.