| The procuratorial supervision of civil online trial is changing from case supervision to data supervision,post-supervision to whole-process supervision,and human resources supervision to algorithmic supervision.To the people’s court online litigation rules of the people’s court online operation rules of the people’s court online mediation rules for the specification,civil online trial in our country rapidly developed and become an important form of court,but from the judicial practice,the greatly facilitate the parties also appeared the applicable scope of limitation,information security does not reach the designated position,the court order easy out of control,abnormal trial debate right cannot safeguard,cross-examination effect empty,seriously hindered the healthy development of the civil online trial.Perfecting the standardized supervision of all links of the civil online trial is helpful to guarantee the procedural justice of the trial and promote the benign operation of the online trial.Through the empirical research law and normative analysis law,the current situation of civil online court procuratorial supervision is combed,and from the perspectives of supervision object,supervision scope,supervision means and supervision methods,the following problems are found:First,the supervision object is not accurate.The Rules for the Supervision of Civil Litigation of the People’s Procuratorate(hereinafter referred to as the Supervision Rules)are too general on "illegal acts of judges",and do not stipulate the supervision of the guarantee of the choice of the parties’ procedure,the interpretation of the court procedure and the right of the court to push the trial.Second,the scope of supervision is not specific.The stage of procuratorial organs to participate in civil online trial is not specific,and the scope of supervision of online court mediation is not specific.Third,the means of supervision are not adapted.The investigation and verification technology of procuratorial organs is not perfect,and the lack of information sharing platform for legal inspection verification.Fourth,the effectiveness of supervision methods is poor.In the trial stage,it is mostly supervised by procuratorial suggestions,which is weak and difficult for procuratorial organs to participate in the prosecution.The procuratorial organ should start with the particularity of the online trial procuratorial supervision,take the problems existing in the judicial practice as the guidance,and guarantee the procedure and justice of the trial in an all-round and multi-level way.First of all,the object of supervision should be made clear.Through the supervision of the guarantee of the parties,the interpretation of the right of the court procedure and the supervision of the right of the court trial push,the accuracy of the supervision object is realized.Secondly,the scope of supervision should be regulated.List the scope of procuratorial organs in litigation and standardize the scope of court mediation and supervision.Thirdly,we should optimize the supervision means.We will empower science and technology to ensure procuratorial supervision and strengthen supervision of online court order.By reviewing and evaluating the personal information classification directory in the court’s online trial,and checking the court’s online trial technology and system security in real time,the information security in the trial is guaranteed.We will establish an information exchange mechanism for asynchronous court trials,improve the technical support for the investigation and verification of procuratorial organs,and implement the intelligent supervision of civil online court trials.Finally,we should improve the way of trial supervision.We will strengthen the follow-up supervision of asynchronous court trials,and standardize the participation methods of procuratorial organs in court proceedings. |
