Research On The System Of Remote Trial Mode In The Criminal Litigation

As a derivative of technology transforming and empowering justice with the informatization progresses in judicial field,remote trial has been alienated from traditional trial in terms of procedural appearance,but by sorting out the differences between it and remote trial,it is clear that remote trial has only changed the appearance of courtroom procedure,but its essence as a trial procedure has not been changed.However,because the rules of operation and procedural jurisprudence of remote trial have not been changed accordingly,there is still friction between remote trial and the existing procedural rules and traditional procedural jurisprudence.Although the endogenous advantages of remote trial provide a certain degree of legitimacy,the application of remote trial mode in the field of criminal litigation still suffers from difficulties at different levels.In terms of legislation,due to the lack of formal legal provisions,there is problem of insufficient legislation in remote trial.The existing laws have different levels of applicability,and some of documents are regional in nature,so there is a lack of systematic and uniform legal rules for remote trial.Theoretically,because the present procedural jurisprudence is based on the background of the traditional trial mode,it lacks complete explanatory power for the change of the judicial field of remote trial,and the theoretical foundation of remote trial is therefore weak.Conceptually,the current rules and institutional design of remote court hearings have power-oriented problems,which undermine the procedural fairness of remote trial mode.In practice,there are obstacles such as inadequate procedural construction and excessive dependence on technology,which leads to technical defects in remote trial mode.At present,although the compulsory power of remote trial for epidemic prevention and control no longer exists,in the background of simplified diversion and the coupling of justice and technology,it is still necessary to carry out theoretical reshaping,institutional reconstruction and practical revision for remote trial,to normalize the application of remote trial.It is also necessary to ensure the functional equivalence of remote trial and traditional trial.Due to the development status,remote trial could not be completely free from the value evaluation system of traditional jurisprudence,otherwise it is suspected of technical cultism,which will undermine its legitimacy.We should base on the change of judicial background and field,and carry out corresponding innovation of traditional procedural jurisprudence to realize the mutual promotion of remote trial mode and traditional jurisprudence.At the same time,some of the current procedural designs are not applicable to remote trial due to the the procedural carriers of remote trial.Legislators should provide special procedure from all aspects of remote trial mode,based on the concept of rights protection,and the scope of application should also be clarified.And legislators should also strengthen the technical support and personnel training in practice to prevent the effect of remote trial from being weakened by the risks of technology and improper operation of personnel.