The Research On Remote Video Testimony System In Criminal Procedure

Witness testimony is one of the important types of evidence in criminal proceedings,but the low attendance rate has become one of the problems that trouble the judiciary in China.Remote video testimony is a new testifying method using modern multimedia transmission technology.When a witness cannot actually testify in court due to special reasons,the court uses remote video technology to question a witness in court,and to protect the defendant's right to defense thus to promote the accuracy of fact finding.Remote video testimony can be divided into domestic and transnational types based on the geographic area where the witness is located.This article will comprehensively use the research methods of literature research,comparative research,and case research to study the remote video testimony system in criminal procedure.The definition and legal justification of remote video testimony will be discussed first.The similarities and differences of transnational remote video testimony finally based on the relevant laws and practices of China,and discussed the application and improvement of domestic remote video testimony and transnational remote video testimony in China.Specifically,the content of this article includes:The first chapter gives an overview of the remote video testimony system.First,make a simple definition of remote video testimony,and then,discuss the existence and application of remote video testimony with legal justification.Under the special circumstances of witnesses' difficulty in giving evidence in court,remote video testimony realizes the "virtual appearance" in real-time video,which guarantees the defendant's right to cross-examine.It can effectively make up for the deficiencies of the written testimony,which is generally recognized.However,as required by the principle of direct speech,testimony in court should be the preferred method.Compared with it,remote video testimony still has shortcomings in terms of effectiveness and faces many challenges.Therefore,it is only an alternative means for witnesses to testify in court,and it is also secondary in application.The second chapter introduces two types of remote video testimony:domestic remote video testimony and transnational remote video testimony,supplemented by examples to define and analyze the two types.After comparing the two methods,the commonalities and differences between the two methods are analyzed.The commonalities are mainly complementary,needing higher technical requirements,and bidirectional.The differences are the multinational characteristics of transnational remote video testimony,the need to face the issues of respect for the protection of witness rights and the differences brought by respect for judicial sovereignty and different legal regulations.The third chapter introduces the application and improvement of the domestic remote video testifying system in China.The application of this system in our country is still in the initial stage,and there are only simple provisions in the implementation opinions and some local normative documents.The study found that there are problems in the current practice like the testimony location is arbitrary,the use of general commercial software cannot ensure the security and encryption of the audiovisual transmission of testimony,the identification of witness and signature confirmation are not valued,and they are not clearly written in the Criminal Procedure Law.Based on these issues and the existing practical experience in other countries,the author puts forward suggestions from the view of starting procedures,identity verification,testimony places and tools,and witness protection.The fourth chapter introduces the application and improvement of transnational remote video testifying system in China.Transnational remote video testimony has little relevant practical experience in China and few cases can be found.Transnational remote video testimony is more complicated because it involves international criminal justice collaboration.The first question need to response is how to proceed under the premise of respecting the sovereignty of the requested country.The second question is what kinds of rights are granted to witnesses when the rights of witnesses are regulated differently in different countries.Other questions are whether witnesses can be forced to testify by remote video,and who has the right to pursue the perjury.The regulation of transnational remote video testimony needs to be conducted on the premise of respecting sovereignty.Procedural Settings should be minimized,testimony should be promoted by case judgment.The efforts should be made to balance between respecting sovereignty and improving the effectiveness of verification.In this part,the author puts forward the following two basic principles:respect for sovereignty and protection of dual rights,and puts forward some suggestions on the applicable procedures,whether to obtain the consent of witnesses and perjury investigation.