| Remote trial is a new trial method with the increasing number of cases.At present,the exponential growth of cases has brought great pressure on judicial organs to handle cases.Although the construction of intelligent courts has been started,which requires to vigorously promote the online settlement of the whole process of cases,most cases that apply to online trial are civil cases at present.In the criminal field,the mode of using digital courts to conduct remote video trial is still in the exploratory stage.Therefore,it is of great significance to explore the current situation of the application of the remote trial mode of criminal cases from the perspective of "Internet +",to understand its operational basis and deficiencies,and to construct the system of the mode,in order to relieve the pressure of case handling and promote the further separation of complicated and simple cases.The text consists of four parts.The first part starts from the practice,interprets the legal basis of the remote trial of criminal cases in China,analyzes the application of the system through relevant data,and then finds that the main existing problems in China are the lack of legislation,the practice is trapped,and the traditional concept is not recognized.In the second part of the current criminal remote trial mode and the traditional theory of criminal action to form the main conflict-along with the litigation procedures,directly against this principle,weakening the trial function,such as the limited influence crossexamination rights and proof the rebuttal,through comparing with the traditional trial mode at the same time,summarizes the advantages of remote trial mode,It provides theoretical basis for the implementation of criminal remote trial.The third part summarizes and analyzes the extraterritorial mode of applying remote video trial in criminal cases,analyzes the application status of Australia,the United States,South Korea,Japan,Germany and other countries,draws lessons from experience and reflects on the operation of this mode in China at present.The fourth part is the construction of China’s criminal case application of remote trial system,from the application of case types to specific procedures and norms to safeguard measures,the prospect of China’s criminal case remote video trial mode.On the case type,it divides two types of cases which can be applied and which can not be applied.In terms of procedural norms,it sets up initiation procedures and conversion procedures,gives full play to the role of lawyers and trial assistants,prepares well before the trial,constantly innovates the trial mode,uses various means to produce fixed evidence,and actively expands the relief channels.In terms of safeguard measures,technical and professional personnel should be upgraded to prepare for the comprehensive simulation of the real court environment.Implementation of the criminal case remote video trial mode,and simplified shunt is case,is the effective means to improve the efficiency of litigation,saving judicial resources,is inevitable for the further implementation of trial of essence,is the construction of "Internet + wisdom court" achievements,also is the only way to build socialism modernization country. |
