The Judicial Validity Of The Online Trial Of Criminal Cases

On the basis of the technological change and the development of society,the trial form has achieved innovative development,and the online trial of criminal cases has become a noteworthy problem to study in the field of criminal justice.Analyze the theoretical basis and concrete embodiment of its judicial validity,that get the balance between the value of justice and efficiency value.Specific path is to investigate the nature of criminal cases online trial,understand the operation of analysis practice,analysis of the judicial legitimacy connotation and theoretical basis,and then from the embodiment of the specific judicial value of criminal cases,and discuss the performance that hinder the judicial validity of the online trial of criminal cases,through the analysis of the shortcomings to find the path of improve the judicial validity.The first part is the operation mechanism and practice condition.The main content is that the online trial of criminal cases is a trial form,that organically combines modern technology with the criminal trial work,and it is a innovative form.The online trial of criminal cases is constantly developing,and the relevant contents of online arraignment,online testimony and so on arose in the norms.It was be accelerated due to special reasons in 2020,and the Supreme Court issued judicial interpretation to standardize the operation of the practice.Relying on the special platform of intelligent court,the practice of online trial have accumulated some experience.In the past three years,the national wide application situation has also been realized.However,the policies have changed,the application situation dropped significantly.The second part analyzes the theoretical basis of its judicial validity.The online trial has judicial validity,which is reflected in the balance between justice value and efficiency value.There are three aspects that the proportion principle,the timely trial principle and the economic principle of litigation to illustrate the judicial validity.Under the principle of necessity,appropriateness and balance,the online trial of criminal cases balances the exercise of state power and the protection of the rights of the parties,and acquires the good quality.The third part analyzes the relationship between the online trial of the criminal cases and the judicial efficiency,and this form realizes the requirement of the principle of direct speech,and this form protects the rights of the defendant,and that embodies the procedural value,so as to achieve the balance between the justice and efficiency.The online method shapes the space scope of the court,reduces the judicial cost,rationally allocates the judicial resources,and improves the judicial efficiency;the online court space meets the requirements of presence and oral expression,and reflects the judicial impartiality;the online trial guarantees the defendant and closing statement;the online form realizes the instrumental value of the procedure and its own value,then improves the judicial quality and efficiency.The fourth part analyzes the performances of hindering the judicial validity of online trial of criminal cases.The lack of clarity in the specification lead to the inconsistency of the scope of the case in practice;lack of a clear transformation mechanism make it difficult to transform programs from online to offline,because of the application subject,the subject of decision and the decision procedure of the transformation are unclear;The online method causes problems in the cross-examination of evidence,there are obstacles to evidence display,the ability of cross-examination is weakened,and the effect of witnesses testify is weakened;online form weakens the sense of ritual in the trial,and environmental elements are not standard,and the possibility of improper interference in the online procedure.The fifth part proposes the path to improve the judicial validity of the online trial of criminal cases.To improve the standard system constantly,strengthen the cross-examination of evidence,and strengthen the standardization of the court trial.Improve the applicable norms,establish the procedure transformation mechanism,improve the standard system of online trial of criminal cases constantly;strengthen the online multimedia evidence,emphasize the value of electronic files,strengthen the effect of online testimony,strengthen the cross-examination of online trial of criminal cases,standardize the environment of online trial of criminal cases,strengthen the technical supporting measures to avoid interference.Then constantly promote the development of judicial legitimacy of online trial of criminal cases.The conclusion is that take an open and inclusive attitude to treat the innovative way in the judicial field,explore the solid foundation for promoting its long-term development from the fundamental value.The online trial of criminal trial will play the important role of the field of criminal trial.