Operational Status And Problem Analysis Of Remote Trial Operation Under E-court System

The third scientific and technological revolution that originated in the 1940 s and 1950 s continued the wave of information technology to today,and the rise of new media and network technologies affected all aspects of people's lives.Information technology has evolved from the initial application in the military field to the commercial and civilian fields,and information technology has gradually penetrated into various fields of social life.With the development of science and technology,public sectors such as national government departments and judicial departments are also pursuing the entry of information technology.In the 1970 s,the United States,Australia,the United Kingdom,Japan and other countries have begun the exploration of the remote trial system.A relatively mature system of remote trial systems has been established to date,known as E-Court.The E-Court system is a way of applying computer technology and network information systems into the judicial process.In our country,the e-Court practice such as the electronic court of Jilin,the electronic court of the Yuhang,Xihu,and Binjiang District Courts in Hangzhou,has begun to develop in recent years.The remote trial has been attached great attention by the judicial practice and theories as an important part of the judicial practice.The E-Court system in this article refers only to the “External E-Court” that provides services for legal interaction between the court and the parties.Which to seek further analysis of the application and current situation of China's remote trial in criminal summary procedures by comparing relevant theories and practices at home and abroad,through the perspective of simple criminal cases and the research of the basic theory for remote trials.China has vast territory and there are large differences in the development of the eastern and western areas,one of the performances of the scientific and technological level and economic level in the judicial field is that the implementation of remote trials is not uniform.As a product of the information age,remote trials should have the advanced nature of the times,and the application of remote trials in practice is still very difficult.There is still a long way to go in terms of the formulation of rules,the display of court evidence,and the establishment of court majesty.As a new mode of trial brought about by the emergence of network technology,the current remote trial method is a supplementary way of traditional trial methods.In practice,traditional trials are still the main method,and the remote trial is still in the exploration stage.The remote network trial has the incomparable advantages of the traditional trial method.It can greatly reduce the litigation time,facilitate the parties,improve the efficiency of the judges,and reduce the pressure on the court to "many cases but few people." Whether the trial will cause shocks to the traditional trial,weak the court's majesty and shake the principle of direct words,there is still debate in the academic fields.The applicable conditions and specific rules in practice are still worth exploring.This article intends to explore the theoretical value of E-Court system and remote trial mode by comparing relevant research at home and abroad and analyze the practical significance and value of remote trial under E-Court system.From the perspective of criminal summary procedure and pay attention to the specific application of remote trial procedure.At the same time,it expounds and studies the operation of some local courts in China,analyzes the problems that arise,and combines the development experience of foreign countries to solve the problems raised,in order to make suggestions for the development of remote trials.This article analyzes the status quo of the domestic remote trial legislation and the specific operation of the court,and draws the specific development status of the country,and summarizes the problems that arise.For the specific details related to the trial,such as whether the litigation participants have the right to choose,the accused's ability to cross-examination,whether it will cause impact to the principle of direct speech,the witness' s verification of identity,the display of evidence and the security of witnesses,and it make improvements and suggestions to the problems of legislation,real-time status,case problems and specific details.