Research On The Standardization Of Online Trial Of Criminal Cases

Under the background of striving for judicial modernization and adapting to the trends of The Times,online litigation as a new form of litigation service pattern is rapidly developing in judicial practice.As the most important link of online litigation,online trial is related to the double responsibilities of procedural justice and substantive justice.However,at present,the online trial of criminal cases in China is faced with many problems in both theoretical basis and judicial practice,such as:impact on the principle of direct speech,evidence cross-examination difficulties,the defendant’s rights and interests protection and other problems to be solved.The promulgation of a series of national legal documents,such as Online Litigation Rules of People’s Courts,has provided a legal basis for online trial.Legal scholars and judicial practitioners can study the current predicament of online trial of criminal cases in a more standardized manner,and provide support for the standardized development of online trial.Therefor under the background of the rapid development and widespread application of online trial in our country,first of all,by analyzing the basic theories related to online trial,clearly define the nature and analyze its specific connotation,and provide theoretical support for the practical application of online trial in criminal cases;Secondly,it will sort out the current legal documents related to online litigation,and analyze the practice status of online criminal trial from regional distribution,trial procedure distribution,criminal case distribution from different angles by case analysis and comparative analysis.After the preliminary investigation and study of the ways of online trial in criminal cases,and summarizes the development advantages of online trial in our country,and the specific values that online trial means can bring to the criminal procedure.Explore the risks existing in the development process of online trial,such as the impact on traditional trial,evidence submission and review difficulties,difficult to protect the rights of the defendant and other problems;Finally,combining judicial practice and legal theory knowledge,the paper puts forward some suggestions on the standardization of criminal cases online trial methods.For example,combining the current practice of our country to carry on the detailed system design,to establish multi-level legislative guarantee for the application of criminal case online trial.It clarifies the scope of application of online trial in criminal cases,reasonably limits judges’ discretion in the application of online trial cases,and clarifies that online trial cannot be applied to death penalty cases,cases where public prosecution is transferred to private prosecution,cases where facts are unclear and evidence is complex.At the same time,reasonable suggestions are put forward in the aspects of regulating the order of evidence in online trial,protecting the litigation rights of defendants and enhancing the technical support and guarantee of online trial.Through the above research,make every effort to our criminal case online trial can develop vigorously towards more standardized road.