A Study Of The Jurisprudence Of Live Streaming Of Court Hearings In China

As an important criterion for judging the state of judicial civilisation in modern society,judicial openness has become a generally recognised and followed principle of judicial work in countries governed by the rule of law.The core of justice is the trial,and the core of the trial is the courtroom.As a key link in the restoration of judicial work and the implementation of public supervision of justice,the form and intensity of open court hearings have always been the focus of judicial reform efforts.The development of information technology has led to substantial progress in the opening of court hearings,from the initial hearing of court hearings to the live broadcast of court hearings today.Although China’s live court hearings started late,they have made great strides in recent years thanks to the continuous progress of the national concept of the rule of law.Based on the provisions of constitutional documents on trial openness,the promulgation and implementation of the Regulations of the Supreme People’s Court on the Live Recording of Court Trials by the People’s Courts in 2010 marked the initial institutionalisation of live court hearings in China;in 2018,the Opinions of the Supreme People’s Court on Further Deepening Judicial Openness stated that courts at all levels should further expand the scope of open court hearings,and regular live court hearings thus became the trend,the live broadcast of court hearings will become the norm.The "mass awareness" embedded in live court hearings did not originate at the present time,but is also evident in China’s past judicial practice.Whether it is the official philosophy of "pro-people in listening to the lawsuit",or the experience of the "Ma Xiwu way of trial",or the iterative upgrading of the "popularisation of law" format,the presentation of the trial process of a case is the key to the effectiveness of these localised practices.The value and practical risks of live court hearings are essentially two sides of the same coin.In the context of current practice,although the live broadcast of court hearings has a positive effect in safeguarding citizens’ right to know,enhancing the effect of rule of law publicity and improving judicial credibility,there are still practical problems in the field of practice such as disclosure of private information of the parties,lack of uniform standards of practice,and more formal than substantive disclosure.In the process of implementation,the system needs to be viewed with a prudent attitude,and the functional positioning and practical risks of live streaming of court hearings also need to be further explored in order to promote its own benign development.