Research On Legal Issues Of Live Trial

In the process of the rule of law in our country,the status of judicial openness is self-evident.Regarding to judicial openness,live trial broadcast and trial publicity are important components of it.Viewing the history of the development of live trial broadcast,most western countries have changed their attitude from absolute prohibition to relative openness.Nowadays,live trial broadcast has almost been completely accepted.So,administration of justice should follow the trend of the changing times,complying with the development of society,then reinterprets the intrinsic features of legal system.In modern society,it is no doubt that public trial is a principle which is widely applied by countries ruled by law.In addition,public's awareness of rights has been enhanced,which results in higher requirements for judicial activities.Obviously,traditional way cannot meet this requirement completely.With the development of science and technology and the existence of social media such as the Internet,the trial live broadcast,a new judicial activity,emerges naturally and catches the opportunities provided by this era.Especially,in recent years,social media has become more and more popular,and its rapid development has promoted the emergence of the more convenient channels for public to exercise their rights.Therefore,from this point of view,improving the trial live broadcast and fully playing its function has great significance to adhere to the principle of judicial openness,which protects citizens"rights to know,supervision and participation,strengthens judicial supervision and maintains judicial justice,thus leading to the establishment of judicial authority.However,in the process of its development,it is inevitable that there are some defects and problems,which need to be solved urgently.This paper has four parts,which will discuss the live trial broadcasts from the perspective of theory and practice,and compare the domestic and overseas live trial broadcast,in order to improve the current situation of trial live broadcast,enhance the implementation of judicial openness and promote the social supervision.This paper is divided into the following four parts.First,trial live broadcast is a new method of judicial openness in our country.From the perspective of judicial openness,this paper discusses the close relationship between judicial openness and trial live broadcast.In addition,with the help of scientific and technological progress,live trial broadcast is an indispensable part of judicial publicity,which fully reflects the convenience and mass nature of justice.Although live trial broadcast is a new approach which emerges in recent years,the impacts of it is incomparable.Second,based on the comparison of domestic and overseas development process of live trial broadcast and legislative practice,the advantages can be learnt,so that the function of live trial can be reflected to the maximum extent.Third,this paper analyzes the current situation of the development of live trial broadcasting in China,and discusses the problems in its development process and theoretical practice,such as the conflict between judicial disclosure and privacy protection,the incomplete content of live broadcast,the un-systematized norms of live broadcast,the imperfect mechanism,and the mismatch in the relationship between supply and demand of related information.Fourth,regarding to the problems pointed out in the third part,and as well as other shortages,the relevant countermeasures and suggestions are given,such as defining the principles of trial live broadcast,establishing a systematic and standardized mechanism,stipulating the rights of the parties to dissent,encouraging the public feedback,enriching the live broadcast form,and improving the relevant system to define the scope of the cases more clearly,in order to maximize the positive impacts and function of the trial live broadcast.After implementing above measures,the positive development of live trial can be guaranteed.