Preliminary Research On Remote Trail

In twenty-first century, the world has fully entered the information age, and the rapid development an extensive application of information technology ("IT") has been and will continue to incur the change of human society. As for China, the informationization has been playing a strategic role during the modernization of our nation. Correspondingly, the people's courts will definitely be influenced by this trend. In recent years, as the pace of informationization of the people's courts quickens, plenty of newly working measures has appeared, such as the online disclosure of judgments and rulings, online case-filing, e-signature, especially the remote trial. The occurrence of remote trial not only shows the developing status of IT, but also meets the objective needs of the courts. This essay firstly describes the meaning and the traits of remote trial, then introduces the application of this trying method in both china and abroad, provides its theoretical value, introduces its necessary conditions and procedures, and in the end renders the advices on its further improvement. This essay consists of three parts: the introduction part, the main part including three chapters and the conclusion part.The introduction part induces the topic to be discussed in this essay through a real case.Chapter I introduces the background of remote trail, expounds the meaning and traits of remote trail, and traces its development history.Chapter II introduces the practical value, the theoretical basis and litigation value of remote trail, and is divided into three sections. Section I introduces its practical value in protecting the right of action of the parties, releasing the working load of the courts and ensuring the security of the criminal trying activities. Section II introduces its theoretical basis from the perspective of principle of direct hearing, public trail, equality of the Parties and other procedural rights and interests. Section III analyzes its procedure value and substantial value.Chapter III introduces the necessary conditions and procedure of the remote trail and it is divided into three sections. Section I introduces the necessary conditions such as the equipments of remote trail, remote trying venue and the IT staff. Section II introduces the procedure of remote trial held by Shanghai No.2 Intermediate People'S Court and Section III comments on the above-mentioned procedures.Chapter IV analyzes the relevant issues relating to the remote trail and renders some advices on solving such issues as legitimacy issue, the influence to the traditional working style, the risk of full reliance on the IT, the uncertainty of the type of the cases which can be put in the remote trial category,the issues in the cross-examination and evidence evaluation part, the influence on the effect of hearing, the lack of financing of remote system and the difficulty in cooperation among the courts of different levels.The final part summarizes this essay.