The Predicament And Way Out Of Remote Criminal Trial

Remote court trial is a product of the combination of justice and the Internet.Criminal remote court trial refers to a way of remote trial of criminal cases through the Internet.In essence,criminal remote trial is an online reengineering of offline criminal trial.The communication mode during the trial process has changed from offline "face-to-face" to online "screen to screen",and the transmission of information requires the use of the Internet and computer equipment.Criminal remote court hearings are not the same as civil and administrative remote court hearings,Internet courts,and live court hearings.Although these activities require the use of the Internet and computer equipment to achieve,their connotations vary greatly.Criminal remote court trials transmit information through the Internet and computer equipment,so remote court trials have the characteristics of virtuality,trans-regional nature,and technical dependence.They can achieve the same functional value as offline court trials,improve trial efficiency,save judicial costs,and reduce the burden of litigation by parties.The development of remote criminal trial conforms to the trend of the "Internet plus" era,and is also the due meaning of judicial convenience.Due to the fact that criminal remote court hearings are conducted online through the network,the communication and communication methods used in previous court hearings have been changed,which goes beyond the scope of national laws and regulations,and faces disputes over insufficient legitimacy.The development of remote criminal trial is not achieved overnight.This development process is a reflection of national policy guidance,and also an active exploration by judicial authorities to comply with the tide of the times.It is precisely because in the remote trial,each litigation subject is in a different physical field,which can effectively avoid the risk of virus infection that may be caused by personnel gathering during the COVID-19 epidemic,and can ensure the normal operation of judicial trial activities.Therefore,the method of criminal remote trial has been widely applied during the epidemic,but remote trial did not originate from the epidemic.Before the epidemic,judicial authorities had been experimenting and exploring remote trial methods,and the epidemic factor was the "catalyst" for the large-scale application of remote trial.During the operation process,depending on the physical space in which each litigation subject resides,criminal remote court trials can be divided into modes such as "two connection","three connection",and "four connection".In various modes,the Internet and court trial systems play an important role.Criminal remote court trials have been widely applied in practice,mostly in simple criminal cases.The trial process takes relatively short time,and each subject has a strong willingness to apply.Through a study of the normative documents related to criminal remote hearing and the current practice status of criminal remote hearing in China,it is found that there are problems with criminal remote hearing,such as insufficient legitimacy,excessive scope of application,damage to the defendant’s litigation rights,weakening of the seriousness of the trial process,and the impact of remote system networks on the smooth progress of the trial.Therefore,it is necessary to improve the legal norms of remote court trials and incorporate them into the scope of national laws;Clarify the scope of application of remote criminal trial and limit the trial to simple criminal cases;Improve the protection mechanism for the rights of the defendant,respect the defendant’s right to choose procedures,and protect the defendant’s rights such as the right to cross-examine;Strengthen the court discipline and layout of remote court trials to enhance the seriousness of court trials;Optimize the construction of the trial system platform to ensure the continuity of the trial process.