Problems And Countermeasures Of Online Criminal Trial

The establishment of the online criminal trial system meets the requirements of special periods for handling criminal cases and is also an important manifestation of the judicial informatization process.Currently,the "Online Litigation Rules of the People’s Courts" provide legal basis for its application and development,and online criminal trials have become an important trial mode of the courts.However,through extensive application in judicial practice,the online criminal trial system still has shortcomings.The introduction of information technology has brought significant changes to way the trialing,but the rules governing online criminal trials still rely heavily on traditional trial rules,and the rules urgently need improvement.This paper starts from the definition of online criminal trials,clarifies the core features of the system,and provides a reasonable definition of the overall meaning of the online trial system,and endows the legitimacy of the online trial system based on the development of technology,limited resources,and balanced values.The first part clarifies the concept of online criminal court hearings in China,accurately grasping the core features of the system,and then making a reasonable definition of the definition of the online court hearing system.The legitimacy of the online court hearing system is also based on the development of technology,limited resources,and a balance of values.The second part explores the impact of the online trial mode on traditional trial principles,trial authority,and trial evidence review,and analyzes the challenges faced by the trial procedure due to changes in the trial format,providing directional guidance for identifying problems in the operation of the system.The third part analyzes the problems in the practices of China’s online criminal trial system in conjunction with legal norms and judicial practices.The online criminal trial system in China has problems with unclear scope of application,manifested in the ambiguous scope of application of cases and unclear procedure conversion.The operating rules of the trial are also incomplete,with a lag in the online trial procedure advancement rules,inadequate protection of the parties’ rights,and a lack of exclusive rules for procedural relief.Problems related to technology,security,and judicial agency coordination are also reflected in practical operation,requiring urgent attention.The fourth part proposes countermeasures to address the problems in China’s online criminal trial system.On one hand,it is necessary to moderately expand the scope of application,including simple cases,while further supplementing and improving the restrictive application provisions to create an "exclusion list." On the other hand,specific operational guidelines for procedure conversion should be clarified at both technical and non-technical levels,providing rule guidance for the regulation of the scope of application.Furthermore,suggestions for the standardization of trial rules are proposed from the perspectives of improving the advancement of trial procedures,protecting the parties’ rights,and supplementing procedural relief rules,providing theoretical support for the rational operation of the system.In addition,to maximize the advantages of the online criminal trial system,technical,security,and judicial agency coordination measures should be improved,enhancing the normativity and operability of the procedure application.