The Conflict And Reconciliation Of Criminal Remote Video Courtroom And Direct Speech Principles

"Criminal remote video trial" is an effective attempt to build "intelligent justice" in China.Specifically,it is a trial method of remote online trial with the help of remote video synchronous transmission technology.Criminal remote video trial plays a positive role in solving the problem of low appearance rate of witnesses in China’s criminal litigation practice,improving the efficiency of criminal proceedings and improving the ability of criminal litigants to participate in litigation.Therefore,the courts all over the country have been exploring their application in the field of criminal trial.However,it should be noted that criminal remote video trial,as a new litigation mode,has a certain experimental nature,so it is inevitable to challenge the traditional principles and concepts of criminal procedure in the application process.Criminal remote video trial has changed the previous "face to face" trial mode,thus producing a certain conflict with the principle of direct speech.In order to ensure the realization of the fairness and efficiency value of criminal procedure under the premise of efficient use of Internet technology,it is urgent to reconcile the constraint relationship between the two and find the path of coordination.This article is divided into four parts:The first part is a theoretical overview of the criminal remote video trial.It points out the cause,operation status,legal basis and external mode of criminal remote video trial.Lay the theoretical foundation for the subsequent discussion.The second part is the related theory of the direct principle of speech,which is the embodiment of the principle of direct speech and the specific role of the direct principle of the principle of direct speech in the criminal procedure.The third part is the conflict of the principle of direct speech in the criminal remote video trial.The criminal remote video trial forms a conflict on the authenticity,simultaneity,simulation and evidence identification of the principle of direct speech,and this part analyzes the causes and specific manifestations of the conflict.The fourth part is divided into the coordination of criminal remote video trial and the conflict of direct speech.This part is discussed from the concept of coordination and the specific path of coordination.In terms of coordination concept,it is necessary to adhere to the two principles of procedural justice over litigation convenience and priority protection of the rights of litigants.In the specific path,it is necessary to clarify the applicable procedures of criminal remote video trial,refine the procedures and regulations,and guarantee the principle of direct speech.