Online Trial System Of Criminal Cases

The remote trial of criminal case is the criminal trial activity of the judge,defendant,public prosecutor and other litigants on the Internet remote trial system through audio-visual transmission technology.As the core link of online litigation,criminal online trial not only inherits the inherent mission of "punishing crimes and protecting human rights",but also shoulders the functional expectation of "independent procedure and reshaping order".Online trial of criminal cases has an impact on the traditional trial mode.On the one hand,the development of online trial is in conflict with traditional trial rules such as direct speech,trial ritual and trial openness.On the other hand,the application of online trial has reshaped the traditional trial order.There should be some coordination between online trial and traditional trial mode,including establishing the independent status of online trial procedure,realizing the effective connection between offline and online trial,reserving legislative space for technological development,etc.In practice,the development of criminal online trial is not smooth.Compared with civil online litigation,it started earlier but has always made slow progress.Despite the application of stress during the epidemic,there are still problems such as insufficient effectiveness of online trial,incomplete procedures,the cross-examination is ineffective and low protection degree of defendants’ rights.In order to clear the theoretical disputes,face the practical doubts,and promote the construction of a new Internet judicial model with "Chinese characteristics and the world’s leading",the criminal online trial procedures need to be theoretical proof and rules improvement.Based on the theory legitimacy,the online criminal trial realizes the adaptation to the principle of direct speech by strengthening the judge’s access to key information of trial and improving the efficiency of cross-examination.Rethinking the concept of traditional court rituals,redefining the ritual norms in online court hearings,and achieving the transformation of court rituals.Through the integration with the trial live broadcast system,the online trial system can better fit the judicial open system.In order to fully protect the legitimate rights and interests of defendants in criminal online trial and promote the orderly development of online litigation,the criminal online trial system should be improved in the following aspects:improve the procedural system of online trial,expand the scope of application,clarify the application conditions,and enrich the application methods;Improve the degree of protection of the defendant’s rights,implement the procedural choice of the defendant,formulate the process(final)rules,to protect the defendant’s right to know and objection;Give full play to the effectiveness of online trial procedures,improve the convenience of online testimony for witnesses,improve the rules of online trial cross-examination,and implement the openness of online trial procedures;Construct online trial guarantee mechanism,realize online trial stability guarantee,security guarantee and personal information guarantee.