Research On Civil Remote Trial System

With the continuous development of information technology,we have already stepped into the era of information globalization.Moreover,the rapid transmission of information has been applied to all aspects of social life.As one of the most important aspects,judicial activities should also undoubtedly make use of information technology to improve their efficiency and save their costs.Under such a background,the construction of information courts was born The Supreme People's Court of China has repeatedly proposed to carry out court information construction.as an important link of information construction,remote trial was born.In China's judicial practice,the civil remote trial began in the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China referred to as the Interpretation of the Civil Procedure Law in 2015,which clearly stipulates the people's court can use audio-visual transmission to hear cases with the consent of both parties.Since then,on August 18,2017,Hangzhou Internet Court,the first Internet court in China,was established,which has implemented the thinking of "online cases online trail ".Moreover,It has separated the cases involving the network from the existing trial system.On the basis of the Internet technology,it has completed the whole process of prosecution,filing,proof,opening court,adjudication and execution online,which is our further step step in the development of the judicial system.In September 2018,Beijing Internet Court and Guangzhou Internet Court were established one after another.The pilot work of online trial of Internet cases in China has been further strengthened.What's more,the civil remote trial system has been further improved.However,Since the Internet courts only accept and hear certain types of Internet-related first instance cases within their jurisdiction and the scope of the cases is limited,here comes urgent propositions.,in terms of how to apply remote trial experience of the three Internet courts into a wider range of civil cases,how to better use of civil remote trial in judicial practice.Based on the research of the basic theory of long-distance civil trial and the combination with the relevant theories and practices of foreign countries,this dissertation further analyses the legislation and judicial status of our country's long-distance civil trial,analyzing the problems and putting forward the countermeasures to improve the specific system of our country's long-distance civil trial.In addition to the introduction and conclusion,this dissertation is divided into four parts.The first part is an overview of the civil remote trial system.This chapter mainly interprets the nature,meaning and characteristics of the civil remote trial system,compares the civil remote trial with the traditional trial method,and deeply analyzes the value and significance of the civil remote trial.The second part is the development status and enlightenment of remote trial system in foreign countries.This paper analyzes the practice of developed countries such as the United States(the leader of court informatization construction),Canada(the mature video transmission technology)and Australia(the birthplace of remote trial),and analyzes the experience that can be used for reference in China.The third part analyzes the existing problems of the remote trial system of civil litigation in China,mainly in Zhejiang,Beijing and Guangzhou,three cities with Internet courts,as well as the problems encountered in the areas where there is a relative lack of development.The fourth part is the countermeasures to improve the way of remote trial in China's civil litigation,from the basic principles,specific trial rules,China's realistic conditions,the construction of procedures and other aspects of the discussion,in view of the problems in the third part of the corresponding countermeasures.