Research On Public Trial In Network Times

This thesis mainly discusses four parts:The first part analyzes the impact of the Internet on the open trial. In judicial practice, the use of Internet technology helps to improve the judicial credibility of the judiciary. It helps to improve the quality of the court case, and can effectively respond to the questions of public opinion, and respect the public's right to know, and can also be convenient to pay attention to the trial, so as to achieve a more effective legal education. However, due to the propagation trial information on the Internet in a wide range of the trial results may be affected by the pressure of public opinion and change the referee, parties and other litigation in difficulty about the protection of the right of privacy to increase, around the court open trial gap will due to technical strength difference and further widening.The second part probes into the subject of the open trial in the Internet environment. For the full body, in the use of the Internet to release the trial information should be in the case of the jurisdiction of the court under the jurisdiction of the court, rather than the case of the judge. At the same time, in order to achieve better trial information disclosure shall be by the contractor of the case the judge to control the original information, if necessary, the processing of news propaganda department, in the name of the court having jurisdiction over the case to the public release. As far as mainland China is concerned, the legislation and related regulatory documents have been introduced to a certain extent to meet the needs of the judicial practice in the network era, but there are still some deficiencies to be improved and improved. The trial information in real time, the main way of expression is the trial live: the main classification of the trial can be divided into the website live and the media live; in the form of the trial live broadcast can be divided into video and graphic live. In practice, the information of non real time public trial is mainly divided into two categories: First, before the trial the court releases information; Secend, after the trial, information will be published to the outside world by using Internet. Outside area of the trial information of real time public activities, the trial information of non real time public activities, legislative practice and adapt to the characteristics of the culture of the local district practices have a reference to the mainland of china.The media should carry out the public activities of the trial information in the identity of the limited subject, at the same time, it should establish and improve the mechanism of restraint and guidance on the premise of respecting the freedom of the press and freedom of speech. Litigation participants can not become the main body of the open trial, and there is no need to be the main body of the open trial. As to whether the scene next to the listener can become the subject of public and open to the local community as a legal concept, the degree of civilization and other factors of comprehensive consideration. Both the main body and the limited subject are necessary. But the requirements and limitations of different subjects are different.The third part discusses the scope of open trial in the Internet Environment. In view of the characteristics of the Internet, such as open, fast and virtual, and to balance the interests of all aspects in the process of trial, it shall be regulated by the specific practices of the cases that are not open to the public, the relatively closed and the public hearing of the case.The fourth part explores the limits of open trial in the Internet environment. The role of the parties and other participants in the proceedings are different from those in the field, coupled with the right to privacy, the right to know, the right to supervise and related litigation rights and obligations of the requirements or constraints, we should realize the trial information into three systems for public: the system of the parties, the system of other parties, and the system of the listener in the field.