Study On Direct-speech Principle In Civil Online Procedures

In the civil online procedures,the effective implementation of the direct-speech principle has special significance for the protection of the rights and interests of the parties and the realization of judicial justice.Although the existing regulations provide for the implementation of the direct-speech principle in terms of online evidence presentation and cross-examination by the parties,remote appearance of witnesses,trial participation and direct evidence collection,there are still certain obstacles to the implementation of the direct-speech principle in civil online procedures because of its special structure.By using empirical analysis,comparative research method and value analysis method,combining the field research of several courts and the trial process of some cases in China’s live trial network,and conducting qualitative analysis based on the specific requirements of the direct-speech principle,we found that the following problems exist in the implementation of the direct-speech principle in civil online procedures: First,in terms of in-person protection,there is insufficient protection for online evidence,cross-examination,and The second is that in the protection of the principle of presence and oral principle,there are difficulties in guaranteeing a closed and serious courtroom environment and unclear provisions on the order of court hearings;third,in the protection of the oral principle,there is a tendency to formalize court hearings and to "emphasize substance over procedure";fourth,in the protection of the principle of direct evidence,there are difficulties in the verification of electronic data and physical evidence.Fourth,in the protection of the principle of direct evidence,the existence of electronic data verification is difficult and the risk of electronic physical evidence;Fifth,in the state of evidence,limited by the Internet technology and online procedures platform itself,there is a high difficulty in access to the obstacles.In order to give full play to the role of direct-speech principles in civil online procedures,the following aspects should be addressed: First,in the protection of personal experience,the need to improve the rules of online evidence,cross-examination,to protect witnesses can testify through audio-visual transmission technology;Second,in the protection of the principle of presence,in person,the need to strengthen the requirements of a closed and serious environment,and clarify the order of court hearings in a non-simultaneous trial mode;Third,in the protection of oral principles,the need to strengthen the requirements of a closed and serious environment,clear non-simultaneous trial mode;Third,in guaranteeing the principle of oral,it is necessary to promote the materialization of court hearings and reasonably determine the assessment system of judges;fourth,in guaranteeing the principle of direct evidence collection,it is necessary to clarify the effectiveness of block chain deposit and audit rules,and explore the electronic methods of physical evidence of different characteristics;fifth,in guaranteeing the smooth collection of situational evidence,it is necessary to try to build a nationwide unified and common online procedures platform,and to guarantee the stable operation of the platform through multiple channels,while actively exploring The application of "meta-universe" in civil online procedures.In the context of civil online procedures,the principle of direct-speech should respond to social changes,and its meaning and connotation should be enriched in order to effectively meet the needs of "Internet + justice".