Research On Remote Court System For Criminal Cases

In recent years,with the rapid development of Internet information science and technology,social life has gradually entered the "online era".In the new context,the practice of criminal tele-trial relies on computer networks,audio and video processing and transmission,multimedia storage and display technologies to realise the "online transformation" of traditional court hearings,meeting the demand for judicial diversity and convenience while optimising judicial resources,and providing impetus and opportunities for the reform of court trials in the information age.This has provided the impetus and opportunity for reform of the courtroom trial format in the information age.Since 2016,the Supreme People’s Court has issued a series of regulations on remote court hearings.Since 2016,the Supreme People’s Court has issued a series of normative documents related to remote court hearings,providing certain institutional guidelines for judicial practice around the country.However,on the whole,compared to civil litigation in China,there are relatively few norms for the criminal remote court hearing system,which does not provide sufficient protection for defendants’ litigation rights,while judicial practice is limited by the level of development of information and network technology and the queasiness of legal norms,and still relies on traditional court hearing procedural rules,resulting in a conservative and slow transformation of autonomy.In this regard,the academic community has produced mixed reviews of this new form of trial.In order to alleviate the disconnection and dislocation between theoretical construction,procedural rules and trial practice of criminal remote court hearing,this paper,based on China’s national conditions,conducts a systematic understanding of the institutional norms and practice patterns of criminal remote court hearing through normative analysis,value analysis and comparative analysis,explores the theoretical basis embedded within and the practical value formed outside,and completes the institutional construction and theoretical construction on the basis of examining the relevant issues.This article is divided into four parts.This paper consists of four parts.The first part is an overview of the system of remote court hearings in criminal cases.Through combing the development of criminal remote court hearing,the background and development of criminal remote court hearing are clarified,and through comparative analysis,it is proposed that compared with traditional court hearing,criminal remote court hearing has the characteristics of strong dependence on information network science and technology,convenience and efficiency,and spatial separation.The second part is the theoretical basis and practical value of the remote court hearing system for criminal cases.Through the value analysis method,the theoretical basis of remote court hearing includes the economic concept of criminal litigation,the technical rationality of remote court hearing and the evolution of "theatre" to "scene" in the courtroom,while its practical value mainly includes reducing litigation costs,promoting The practical values include reducing litigation costs,promoting judicial openness and realizing the convenience of justice for the people.The third part is a review of the problems of the remote court hearing system in criminal cases.Through normative analysis and value analysis,the problems of remote court hearings in criminal cases,such as controversial legality,inadequate protection of litigation rights and weakening of the effect of evidence presentation and cross-examination in court,are examined.The fourth part is a proposal for improving the system of remote court hearings in criminal cases.It is pointed out that remote court hearings are an important supplement to traditional criminal court hearings,and it is suggested that the normative basis of the remote court hearing system should be unified in the future,the scope of application of cases and relevant procedural rules should be stipulated in detail,the mechanism for safeguarding the rights of defendants should be improved,and a relatively complete remote court hearing system should be constructed by combining network science and technology means.