Research On Civil Remote Trial

Developing China puts information construction as an important strategy,and regards deepening reform of the judicial system and strengthening the information construction as the bird wings and car wheels of the work of the people's court.With the development of information technology,the application of modern information technology into civil remote trial has become an irresistible world trend.The appearance of the civil remote trial both reflects the development level of information technology and caters to the objective requirements of judicial judgment.However,with the further development of civil remote trial,due to the lack of institutional norms,incomplete information technology and limited staffs,there are a lot of problems in practice and remain to be solved.Therefore,starting from the concept and characteristics of remote trial,the article demonstrates the rationality and feasibility of remote trial through the analysis about legal basis and practical significance.Finally in combination with the present situation of remote trial at home and abroad,study and analyze the problems in practice of civil remote trial in China,and put forward countermeasures in order to accomplish the system design of remote trial better and realize the function of remote trial.There are mainly five chapters in the article:Chapter one is the outline of civil remote trial.Illustrate the nature,meaning and characteristics of remote trial.Introduce the background of remote trial.And analyze the relationship between remote trial and traditional trial.Chapter two is the introduction of the legal basis and practical significance of civil remote trial.Demonstrate the legal basis of remote trial in three aspects of the principle of directness and verbalism,the principle of public trial and the principle of the equality of litigant.Elaborate the practical significance in the convenience for parties to exercise procedural rights and for the witness to appear in court,the improvement of trial efficiency and the guarantee of judicial justice.Chapter three is the comparative analysis about the extraterritorial civil remote trial.Select representative countries and regions,such as Australia,the birthplace of remote trial,America,the pioneer of information construction of the court,Canada with mature technology in video network and Germany with perfect legislation safeguard.Briefly review the practice situations and summarize the experience which can be used for reference in the future.Chapter four is the present situation and problems of civil remote trial in China.It is divided into two sections.The first section selects several provinces and cities with relatively mature development in remote trial,like Zhejiang with “gold card” in electronic commerce court,Shanghai with the most mature operation of remote trial,Beijing which actively conducts pilots and Jilin which keeps up with the pace to launch the e-court.Have a brief introduction about the history of development and current situation.Finally summarize the characteristics in practice of remote trial in China.The second section points out various problems of civil remote trial in China from four levels,namely system criterion,information technology,personnel condition and specific operation.Chapter five is the system design of civil remote trial aimed to solve the problems above.Have a concrete grasp from four aspects,that is basic principles,specific principles,conditions of development and construction of procedure.Put forward relevant countermeasures aimed at the problems above.