Live Microblogging Pros And Cons Of The Trial

The supreme court of the people’s republic of China applies for how to use Thecriminal procedure law of the people’s Republic of China.The supreme court takes arule that in the process of trial,litigant participant and gallery should observe thefollowing rules:obey the command of the court,abide by the court etiquette;shall notbe clapping,noise,horse around or walked;Trial activities should not be subject torecording,video recording, photography,or by sending emails,blogs,micro-blogging tospread the trial,except with the permission of the court of journalists.Aimed atbanning bystander use micro blog to spread this trial situation,From the point thatmicro-blog live may interfere with the court,causing the "public trial",court ban onmicro-blog live trial do have some truth.Because live may arouse publicopinion,pressure on judges,make it can’t judge to administer justice according to theirown heart.However,this can’t mean that micro-blog live is vile indeed,micro-blog livetrial also helps to court transparency and monitor the judge fair trial.The articleconsists of four parts,from the comparison of domestic and foreign to the micro-bloglive law court,to analyze the pros and cons of micro-blog live trial,finally put forwardsome suggestions on micro-blog live trial.The first part is the analysis of comparative law,by comparing the domestic andforeign legal provisions on the micro-blog live trial,focuses on the analysis of the249th observers,using tools such as news reporters micro-blog live trial on theprovisions of the new criminal law judicial interpretation in China,compared withforeign (especially British) for legal changes during the trial of journalists and peoplecan use micro-blog broadcast process.Draw foreign use micro-blog live trial began torelax,while China is relatively conservative.The second part mainly analysis the value of using micro-blog live trial,micro-blogis one of the new media means,through the micro-blog live trial,when releasing andcollecting micro-blog information,can make people understand and evaluate thejudicial activities, so as to protect the citizens right to know. At the same time, usingmicro-blog live trial, people by understanding of the judicial activities can also use thepressure of public opinion to the judicial supervision,and promote judicial justice.The third part mainly analyzes the disadvantages of micro-blog live trial,this articlefrom the three main person:defense lawyers, auditors and journalists to analyze threedisadvantages using micro-blog live trial. Defense lawyers uses micro-blog live trial easily lead to public opinion trial,does not conform to the essence of division offunctions,and the defendant lawyer effective defense against;auditors use micro-bloglive trial,the defendant may violate the privacy,is not conducive to improvingenthusiasm of the witnesses testify in court;news media use micro-blog live trial willinfluence the judge justice, is not conducive to the protection of the defendant’s rightto a fair trial,and easy to cause adverse social impact.The fourth part in view of the advantages and disadvantages of micro-blog live trial,puts forward how to live trial on micro-blog legal regulation. Including the lifting ofthe ban on provisions of auditors use micro-blog, formulate relevant laws andregulations,strengthen the dissemination of news media self-discipline,to implementreal-name micro-blog,give counsel for postponing the hearing rights,establishment ofthe spokesman system,standardize and improve the judicial public path.In order toimprove the people’s legal awareness,promote justice trial,to create a good publicopinion environment and the rule of law.