Research On Civil Remote Trial

In recent years, the development of market economy led to more social interaction acrossgeographical restrictions on members of society continue to enhance the mobility, the numberof cross-regional civil disputes is increasing. In the face of doubling the number of cases，court with limited trial resources,often unable to handle the case. The economic basedetermines the superstructure. The coming of information society provides the materialfoundation for judicial reform. As human beings enter into the information society, thejudicial system must also be reformed, and this time came into being a remote trial.Due to it’s incomparable advantages, remote trial in the judicial practice has beengradually promotion from criminal cases to civil cases.This essay first described the conceptand the characters of civil remote trial, demonstrated the value of civil remote trial mode andits feasibility in China, introduced the practice of domestic and international civil remote trial,pointing out the inadequacies of civil remote trial, and at the end of the essay renders thecorresponding countermeasures. The paper is divided into three parts: the introduction part,the main part which including six chapters and the epilogue.The first Chapter of the main part introduces the basic concepts of remote trialcharacteristics and comparison with similar concepts for Overview of civil Remote trial. Thesecond Chapter of the main part provides the value of civil remote trial, which consists ofimproving trial efficiency, protecting judicial justice and making convenience for the people.As there still be many people doesn’t believe in the civil remote trial, so in the third Chapterof the main part,the author demonstrated the feasibility of civil remote trial in China: formally,the core objectives of civil remote trial and the traditional face-to-face trial is to make lawcorrectly apply, and therefore civil remote trial cannot likely impact the traditional litigationculture; As for trial principle, civil remote trial make the process to the public through thenetwork, and therefore it does not violate the principle of open trial; questioned theeffectiveness of electronic evidence, this section refers to "People’s Republic of ChinaElectronic Evidence Act "to release such questioning; people can seek for a highly qualifiedattorney to solve technical problems. The forth Chapter of the main part introduces thepractice of domestic and international civil remote trial, selected the representative countriesand regions and provides available experience for the future. The fifth Chapter of the main part point out the issues that may arise in civil remote trial mode, these issues includedetracting from the court authority, influencing the realization of civil rights and interests oflitigants, the difficulty of cooperating between relevant court, the cross-examinationcertification problems, and too dependent on the network technology. In view of the formerproblem of civil remote trial, the sixth Chapter of the main part provides countermeasuresincluding principles, rules and system security, which can make the way to foster strengthsand circumvent weaknesses.The concluding part summarizes this essay. Although remote trial for people to movetoward the door of justice has provided an efficient and effective manner, but it is still in theexploratory stage in China, there is still a very long way to go. The road is tortuous, the futureis bright. Believe that the progress of era will lead to a new era of law.