The Research On Criminal Online Court Trial

The exploration of online criminal trial in China started early but developed slowly.So far,there are still many problems to be solved at the legislative and judicial levels,including the lag of relevant legal norms,the ambiguity of the scope of applicable cases,the simplicity of the rules for the selection of the defendant’s procedure,the wide range of process conversion from online to offline,and the inferior effect of online trial.The reason is that the contradiction between the pursuit of efficiency value and the adherence to justice value,the contradiction between traditional social concepts and modern trial methods,and the contradiction between the lag of norms and the reality of application hinder the development of criminal online trial in China to varying degrees.In the perspective of comparative law,the adherence to the principle of legal procedure and the emphasis on the protection of the rights and interests of the defendant embodied in the overseas criminal online trial legislation are worthy of our reference.In order to further promote the development of criminal online trial in China,we can improve it from the following aspects: First,we should clarify the legal status of criminal online trial.That is to say,the Criminal Procedure Law stipulates the legality,principle and general content of criminal online court trial,and the specialized and specific issues should be regulated by special law.The second is to clarify the scope of criminal online trial cases.That is to say,on the basis of the original scope of application of the Online Rules of Procedure,the cases of pleading guilty and punishment that are tried alone through summary procedures are added,while for "criminal cases that are not suitable for offline trial for other special reasons",the defendant can be given the right to initiate unilateral proceedings.In addition,it should also be added to exclude the statutory circumstances for the application of criminal online trial.The third is to refine the procedural selection rules of the defendant.On the one hand,"choose online trial mode" can be used as the discretionary sentencing circumstances,and defendants who choose online trial mode can get lenient treatment in sentencing.On the other hand,it is necessary to establish a safeguard mechanism for the right of procedural choice from pre trial,during trial to post trial.The fourth is to optimize the conversion of the procedure of pleading guilty and punishment cases.Based on the principle of respecting and protecting the legitimate rights and interests of the defendant,the online trial of the case of confession of guilt and punishment shall be converted to offline trial according to the specific circumstances.The fifth is to ensure the equivalence of online and offline trial functions.By enhancing the effect of online trial evidence investigation,improving the ritual of criminal online trial and improving relevant supporting measures,online trial can realize or even strengthen its corresponding offline trial function.