Study On The Legal Regulations For Live Broadcast Of Criminal Case Trial In China

Along with the growth of the internet as well as science and technology, China’s live broadcast of court trial develops gradually from the traditional live broadcast means such as TV and radio to present new forms like online live video, online live graphic broadcast and live microblog broadcast. The live broadcast of court trial is not only supported but also negated by people, and different countries tend to adopt different legislative modes for live broadcast of court trial. The live broadcast of court trial has effectively expanded the scope of open trial to protect the public’s right to be informed, which has guaranteed the fairness of trial in a better way. Meanwhile, the wide concern of all social sectors has also exerted some influence on trial independence, infringing upon the right of privacy of litigant and witness. The aim of criminal trial is not only to punish crimes but also prevent the human rights from being infringed by punishment and national power from being abused. The live broadcast of court trial has a greater influence on criminal case as compared to civil case, as a result of which the choice should be made in a highly cautious manner. Legislation always lags behind, and there is a lack of specific legal provisions for live broadcast of criminal case trial in China. In view of this, this paper ascertains the development course of live broadcast of court trials at home and abroad based on data acquisition and analysis as well as survey research. Then, this paper proposes corresponding regulation-based conceptions for a series of problems arising in live broadcast of criminal case trial in China, which can promote the healthy and stable development of live broadcast of criminal case trial and better fulfill the goal and value of open trial.This paper consists of four parts:The first part gives an overview of live broadcast of court trial, mainly including the definition, features and major forms of live broadcast of court trial, legal basis for the implementation of live broadcast of criminal case trial, and analysis on the advantages and disadvantages of live broadcast of criminal case trial.The second part introduces the current situation and problems about live broadcast of criminal case trial in China, as well as analyzes the causes for these problems. First, the current situation of legislation and juridical practices in China is analyzed to discuss on the two problems about live broadcast of criminal case trial, including general and low-level legislation, and lack of specific procedural regulations. From procedural perspective, there are no specific legal regulations concerning the start, application, determination, and remedy procedures of live broadcast of court trial. From the perspective of contents, the live broadcast of criminal case trial lacks an expressly defined scope and complete content.The third part analyzes the development course and legislative mode of live broadcast of court trial abroad. Firstly, an analysis is performed on not only the development course of live broadcast of court trial in the United States, UK, Japan, France, and Brazil, but also the articles related to live broadcast of court trial in international treaties. Afterwards, the major legislative modes about live broadcast of court trial in countries worldwide are summarized according to the development of live broadcast of court trial in every country. Currently, there are three legislative modes for live broadcast of court trial in the world: open & exceptional mode; forbidden & exceptional mode; and absolutely forbidden mode.The fourth part comes up with suggestions for procedural regulation based on a series of problems that live broadcast of criminal case trial that faces:(1) clear laws and regulations and adopt open & exceptional mode;(2) standardize the start procedure for live broadcast of criminal case trial, including application, determination and remedy procedures;(3) clearly define the scope of live broadcast of criminal case trial, and propose the conception that live broadcast of court trial should lay emphasis on criminal cases; standardize and comprehensively consider the selection of the cases for live broadcast and balance various interests;(4) Specific the criminal case trial live content, make good forecasting, complete the broadcast live and make live sentencing.(5) improve relevant supporting systems for live broadcast of criminal case trial; upgrade the technologies for live broadcast of court trial, build a defendant’s anonymous system, regulate media behaviors, and facilitate the online disclosure of judgment document and judgmental argument.