Study Of Opening A Court Session With The Audio-visual Transmission Technology In Civil Litigation

Opening a court session with the audio-visual transmission technology in civil litigation refers to the establishment of channels of sound and images by means of internet and radio technology through computers,mobile intelligence terminals or other electronic devices to make the real-time communication between the judges and the parties,and the real-time communication between the parties in different spaces possible and complete the activities of civil trial,such as mediation,inquiry,investigation,debate,hearing and rendition of judgment.The utilization of audio-visual transmission technology in the procedures of civil litigation is of great significance.However,the legislation concerning this field is not specific enough.At present,there is only one provision concerning this mode,that is Article 259 of the Judicial Interpretation on the Application of the Civil Procedural Law implemented in 2015.On the premise that the judicial development should correspond to social advancement and the rationalism of people's survival,such a frail judicial interpretation is apparently unable to guide the specific operation of court trail reasonably.Thus we should start from the native judicial practice and the requirements of civil litigation procedures in our country to improve the system of opening a court session with the audio-visual transmission technology in civillitigation comprehensively.Within a controllable scale,the scope of instances applying the mode of opening a court session with remote audio-visual transmission technology should be expanded appropriately so as to make the mode break the limits of summary procedure.Meanwhile,we should positively explore the scope of cases that can utilize audio-visual transmission technology and supplement relevant legislation on different states of court trial.With proper guide and reasonable regulations,and the adequate amplification of the procedural transparency and the time-place flexibility of the combination of audio-visual transmission and judicial trial,the utilization of audio-visual transmission technology to open a court session is bound to be a new measure to raise the impartiality of trial,to reduce the cost of litigation,to mitigate the party's pain of litigation,and solve the explosion of lawsuits.