Research On Public Trial Under New Situation

Public trial principle is an important judicial principle that is extensively adopted in legislative and judicial activities by all the countries. Along with the wake of social needs and the inevitable changes wrought by new technologies, electronic files, digital court and QQ trial access to the courts'view. The new forms of open trial were vigorously promoted and publicized by juridical authorities, such as judgments available online, live network trial etc. Live network trial is a new kind of public trial has a long history which is different from any other public trial before.The relation between Media and Judicature is still in a confusing state in the period of social transition in China. However, scholars tend to make efforts to explore new forms of open trial with sincere motivation while minimized the complexity of the public trial from the perspective of the judicial system.This paper intended to discuss the development of Chinese public trial under new situation from four aspects based on reviewing China's existed public trial mode. They include:According to the controversy of cameras in the courtroom over many countries, it is aware of that new forms of open trial may face problems but believes strongly that the challenge is to balance the new demanding technology against our traditional dedication to public trial. Based on the communication effects,we can do some research into the negative impact of the application of live web casting to public trials. It is fair to say that the most important all focus on the potential for network live to affect the behavior of judges and witnesses in a case. Meanwhile, we can analyze the communication effects of open trials as well as of the mass media theory. In a larger sense, the new forms of public trial shed light on constitutional rights often seen as conflicting—fair trials and a free press.As the theory foundation, the connotation of open trail has developed to some extent. Taken into account that the dominant force of open trail in china is the court; therefore we must search the bounds of open trial, the limits of open trial cases and audiences. Moreover, we should pay attention to balancing not only the public right to know and privacy right but also the fair trial and freedom of the press.The concluding section of this paper looks beyond the current debate to the future. Efforts must be made to promote the cooperation of the judiciary and the public for mutual benefits. It tries to give the reference model of public trial and emphasize that the trial should be defined as public right. The choice of open trials should be more comprehensive and appropriate. Through the combination of traditional and modern methods, multi-channel public communications, it is imperative in both theory and practice to work over the balance between public and judicature in order to form a joint-force to promote social justice.