The Improvement Of The System Of Live Internet Trial

Driven by the deepening of the reform of the judicial system,live webcasting of court hearings is an important initiative of the people’s courts to respond to the development of the times and make use of existing technologies to increase judicial openness.While the Supreme People’s Court fully affirms the positive effect of the live broadcast of network court hearings,multiple measures have been taken to make the work of live broadcasts of network court hearings smoothly and rapidly throughout the country.The live broadcast of network court hearings has now become one of the normal ways of trial openness,which greatly protects the public’s right to know and supervision.However,behind this,the negative impact caused by the live network trial has also emerged,and the imbalance between the live network trial and the protection of the privacy of litigation participants needs to be resolved.This paper analyzes the problems and shortcomings of the existing system of live web-based court hearings from the perspective of privacy protection,and proposes suggestions and countermeasures to improve the existing system,while adding new system contents on this basis,hoping to better play the role of live web-based court hearings and balance the relationship between them and privacy protection.This paper is divided into five sections:The first part is the introduction,which introduces the research background and significance of this paper,identifies the unresolved problems by combing the research results of domestic and foreign scholars,and briefly introduces the research method and innovation points adopted in this paper.The second part introduces the concepts,characteristics,and roles of live webcasting of court hearings and the right to privacy embedded in them,as well as the conflicts between them,to set the stage for the problems of the system of live webcasting of court hearings from the perspective of privacy protection in the following.The third part elaborates on the existing problems of the live network court system,analyzes the existing problems from four aspects,such as the loopholes of the system of live network court,the regulatory problems,the lack of relevant litigation rights of the right subjects,and the difficulties of privacy infringement remedies,and finds the problems that need to be solved in the live network court system,and guides the corresponding countermeasures to be proposed below.The fourth part introduces the extraterritorial experience and legislative practice of the United States,the United Kingdom,Japan,and France,regarding their practical experience and attitude towards the live broadcast of online court hearings,which,combined with China’s national conditions,will serve as a certain inspiration for China to promote the live broadcast of online court hearings.The fifth part proposes the improvement path of the live online court system,starting from four aspects,including improving the live online court system,strengthening the regulation of live online court,empowering the right subjects and ensuring their substantive exercise of litigation rights,and enriching the path of privacy remedies in live online court,etc.,and proposes the improvement path and countermeasures for the problems derived from the above analysis,and on this basis,includes new system contents such as introducing privacy information processing technology,adding differentiated video storage and withdrawal provisions for live court playback,constructing a risk mechanism for live online court platform,empowering the right subjects with litigation rights and increasing judicial compensation for privacy infringement.