| In recent years, live trial on micro blog become the new product of open trial practice by the use of new media in the Justice system. In 2013, the case of Bo Xilai exposed the courtroom by micro blog. As it unexpectedly showed almost the whole scene of the trial,it captured the eyes of people in-country and out-of-country, and also vividly praised as the “milestone” of open trial. In a certain degree, live trial on micro blog highlight the Positive result of Open Justice in China, and guarantee people’s right to attend, to know, and the right of supervision. However, by the analysis of the principle of open trial, the principle of strictly abide by legal procedure and the principle of protecting Participants’ litigation rights, we can see there are some disadvantage in the live trial on micro blog, such as Deleting certain part of the trial on micro blog, Releasing the record in advance, depriving the litigation of the parties and so on. This dissertation will be divided into three parts, discussing the positive and negative effect of live trial on micro blog, analysing the deeper causes of these problems. And give some advises on how to construct a scientific Live trial on micro blog System in the background of new media era.The first chapter is the summary of Live trial on micro blog.It elaborating the scope of cases and subjects of live trial on micro blog in our law, and the disseminate of live trial on micro blog in the judicial practice. The courts at all levels are the appropriate subject of live trial on micro blog, except the reporter who gets the permission of the court, nobody will be allow to be the subject of live trial on micro blog. In the judicial practice, the first attempt of live trial on micro blog starts in 2011. Till the end of 2014, the four levels of micro-blog system in court was officially established, the live trial on micro blog got Comprehensive promotion.There are different Evaluation on live trial on micro blog. Some holds the positive ideas think it broaden the extent of open trial, guarantee people’s right to attend, to know, and the right of supervision, Strengthening the interaction and communication, and also have the function of popularizing the law and warning. Some holds the negative ideas think it do bad in releasing the record in advance, doubting The quantity of words on micro blog disproportionately unfit the time of trial. Indeed, there are something “special” deleted before put on the Internet. Compare with live streaming, live trial on micro blog get no advantage either in the completeness of the contents or in the utilization rate of resources, it should be strictly limited.The second chapter discusses the negative effect of live trial on micro blog, and analysis the deeper causes of these problems.In the perspective of open trial, micro blog doesn’t make an exhaustive and complete record of the trial. Before it is posted onto the Internet, it is examined and verified by three times, something is artificially cut. In the perspective of protecting litigant participants’ litigious right, live trial on micro blog release the transcripts of the trial without litigant participants’ Confirmation and signature, Violating the provisions of the Criminal Procedure Law. such an approach will lead to a result that the transcripts of the trial doesn’t work in in the process of criminal procedure. In the perspective of protecting the public’s right to know, live trial on micro blog makes it different in court and out of court, impeding the equality of right to attend.The reason is that in the background of new media, the judicial environment changes with the formation mechanism of public opinion. At the same time, the delay of feedback system increases the pressure of public opinion. In the subjective aspect, judicial official hold the strong idea of power, falsely regarding open trial as privilege. Faced with the decline of credibility, judicial official become unconfident, keeping the wrong awareness of lookout to the new media. What’s more, The length of micro blog is small, and it has disadvantage in the completeness of the contents, in order to make it work, we must dedicate significant resources. All these above tells the truth that live trial on micro blog is inappropriate.The third chapter tentatively gives some suggestions to live trial on micro blog.The applicable premise of live trial on micro blog is to link up with the three platform of open justice. When using the micro blog, we should hold the principle of limited use, the principle of protecting the participants’ litigious right. Only when there are external conditions or legal regulations, micro blog can be used.When constructing the panel of live trial on micro blog, cooperation in levels should be established, too. The first two function is to monitoring and correctly guiding the public opinion. The centralized implementation of standards should be done, training plans should aim at both the regular business training and Special training on micro blog. The evaluation of judicial publicity includes the assessment of the quality of live trial on micro blog, thus improving the ability to improve the communication skills of the court. Preparing an emergency plan is necessary. Relevant litigant participant will be entitled the right to dissent, the right of petition and the right of appeal relating to live trial on micro blog. |
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