The Study On The Reform Of Courtroom Live Broadcasting System In China

Public trial is one of the important principle of establishing the principle of the Constitution and laws of our country,and it is also a common judicial idea in the modern country ruled by law.Courtroom live broadcasting has great value to improve judicial transparency and maintain the judicial justice,and it is an important measure in the practice of open justice.In recent years,with the help of the advanced network technology and "Internet plus justice" concept,courtroom live broadcasting in our country has been rapid development,showing a just unfolding situation.However,there are some serious problems in the courtroom live broadcastings in China now,such as "selective" broadcast live trial problems,lacking of unified standards and the lack of legislation about courtroom live broadcasting.In view of this,the author wants to conduct in-depth and comprehensive study of courtroom live broadcasting,analysis the present situation,the existing problems and the reasons of courtroom live broadcasting in our country and puts forward some corresponding reform measures,in order to promote the institutionalization and standardization of courtroom live broadcasting in china.This paper consists of five parts.The first part mainly analyzes and defines the concept and characteristics of courtroom live broadcastingand introduces the development process of courtroom live broadcasting system at home and abroad,in order to better understand the court trial broadcast system.The second part mainly analyzes the theoretical controversy of courtroom live broadcasting system.This paper summarizes and expounds the different views and reasons of the academic circles for courtroom live broadcasting,clarifies attitude of the paper about courtroom live broadcasting,and demonstrates the necessity and importance of courtroom live broadcasting.It lays a theoretical foundation for the systematization and standardization of courtroom live broadcasting.The third part mainly analyzes the present situation of legislation and judicial practice of courtroom live broadcasting system in china,summarize existing problems in courtroom live broadcasting system,and reveals the cause of the problem,which draws out the discussion on the reform measures of courtroom live broadcasting system.The fourth part mainly from the perspective of comparative law to examine the attitude of foreign countries and regions to courtroom live broadcasting or open trial and its current legislative and judicial practice.On the comparative analysis of courtroom live broadcasting system in the United States,Britain,France,Japan and China's Hong Kong and Taiwan,this paper reveals the current situation that countries of prohibit or restrict courtroom live broadcasting more than the countries that support it but support gradually increased,and points out the beneficial enlightenment of extraterritorial practice to our country's courtroom live broadcasting system.In the fifth part,based on the above argument,the author puts forward some standardization and concrete reform measures for courtroom live broadcasting system of china.such as the paper puts forward the legislative model that ruled by procedural law in principle and Ruled by judicial interpretation In detail,and formulates the specific reform measures,such as the live broadcast mode of "live broadcast in principle but no in exceptional cases",the principle of video broadcast and the principle of unified the live broadcast platform.These will make our courtroom live broadcasting system more perfect.