The Study On Civil Remote Trial

The development of the information revolution gradually changed every aspect of human life. The judicial activities, as one of the aspects of social life, also need to be improved on the basis of the progress of information technology. At the same time, the development of information technology provides a broad space for the judicial activities. The construction of the court of informatization is produced in such a background. As the important content of the construction of the informatization court, remote trial way arises at the historic moment. In the judicial practice, the remote trial way due to its significant advantages gradually popularized from criminal cases to civil cases. 2015 "Supreme People's Court on the application of <People's Republic of China Civil Procedure Law> interpretation"(hereinafter referred to as "Civil Law interpretation") expressly provides for the application of summary trial proceedings, the people's court may use audiovisual transmission mode for trial that in the case of the parties agreements. So how to apply legislation to reality effectively becomes urgent practical proposition. In this paper, “The Study on Civil Remote Trial” as the title. Firstly, analyze the relevant theoretical and practical problem, and put forward corresponding measures. Secondly, analyze the Trial proceeding. Full text besides preface and epilogue, is divided into four parts, more than 30,000 words.The first section provides an overview of the civil trial remote. This part introduce its basic situation at home and abroad, and analyze in-depth the value of procedural justice, the value of program benefits, the value of judicial credibility and the value of consultations appeal based on the civil trials remote mode, expound the practical significance of the civil trial remote mode combined with realistic.The second part is the theoretical problems and countermeasures of the civil trial remote.This section elaborates clearly the conflicts and coordination between the civil trial and direct verbal principle, the principle of participation in the program, the program selection principle and public trial principles. Believe that the civil remote trial is not in conflict with the traditional litigation legal; its appearance substantially is that traditional procedural means achieved its own better expression based on development of network technology.The third part is the practical problems and countermeasure of the civil remote trial.These parts analyze the problem of remote trial impact on judicial authority, all of the content of the debate, technology, identify evidence, information security of the parties and witnesses, the attainment of a balanced development of the regional justice, at the same time put forward the corresponding countermeasures.The fourth part is the advice of improving civil procedure of remote trial. The first part presents the basic principles should be cleared of improving the civil remote trial proceeding. The second part is the specific trial procedure which is analyzed from the scope of application to a specific stage of the trial of the civil remote. The final part is the discussion of the relevant safeguards.