Study On Online Trial Of Criminal Cases

Online trial has become a new way of judicial trial.Some cases that were not originally suitable for trial through online trial are not only completed in the way of online trial and the litigation effect is reasonable,which not only validates the advantages of online trial convenience,but also falsifies previous opinions such as online trial can only be applied in quick trial and summary cases,and the trial results are difficult to be recognized.In terms of the scope of application of criminal cases,the Online Litigation Rules of the People’s Court does not provide that online trial can be applied to ordinary criminal cases or even criminal summary procedure cases.The Online Litigation Rules of the People’s Court do not have much regulation on online trial,which is an important part of online litigation.In this context,the author intends to study the current situation of online trial application in criminal cases and obtain the situation of online trial application in criminal cases,so as to obtain the feasibility of online trial application in criminal cases and discover the problems that should be paid attention to.Online court hearing is the need of The Times.During the epidemic period,the successful application of online court hearing in criminal cases and the formal implementation of Online Procedure Rules provide an "online" direction for solving criminal cases.However,in practice,there are still some problems in the use of online court hearings.Based on the new situation and trend of online court trials in recent years,this paper analyzes the main problems of online court trials in our country by watching and collecting live online court trials.Combined with the problems existing in practice,on the basis of the previous research,this paper puts forward countermeasures and suggestions for online trial,in order to improve the standardization of online trial of criminal cases and protect the legal rights of the parties and other participants in the trial.The paper is divided into five parts:Introduction.It includes research background and motivation,research scope and limitation,purpose and significance of topic selection,research methods and means,and research summary.Overview of online trial in criminal cases.Starting from the development and meaning of online trial of criminal cases to clarify the concepts and scope of online trial of criminal cases,determine the research object and scope of this paper,and distinguish the similarities and differences with related concepts,such as online trial and traditional trial,online trial and live trial,criminal case online trial and civil case online trial of the similarities and differences;It also explains that online trial of criminal cases conforms to the principle of direct speech.The value of online trial in criminal cases.Online trial of criminal cases has many values,specifically improving the efficiency of litigation,reducing litigation costs and protecting the rights of suspects and defendants;To ensure that suspects and defendants have access to speedy trials under high detention rates;It can also reduce the length of detention and avoid long pending detention.Current situation of online trial of criminal cases.Based on the statistics of the live trial cases in March 2022 collected from the China Open Court website,it is concluded that the online trial of criminal cases has the characteristics of high application rate,more trial procedures,short trial time,more provinces involved in live broadcast and various ways for the parties to participate in the trial,which provides the basis for the following paper to explore the problems existing in online trial and put forward countermeasures.Problems existing in online trial of criminal cases.According to the analysis of the status quo of online trial,it is found that there are some problems in the practice of online trial,such as the wide range of public information of trial cases,whether online trial does not solicit the opinions of the parties,online trial cases do not conform to the norms of open trial and the defendant’s right to defense cannot be effectively guaranteed.Suggestions on improving the online trial mode of criminal cases.Based on the above problems existing in the practice of online trial of criminal cases,countermeasures and suggestions are put forward mainly from the aspects of standardizing the scope of public information of trial cases,protecting the legitimate rights and interests of the parties in online trial,standardizing open trial of online trial and other principles that should be paid attention to in online trial,so as to improve the standardization of online trial of criminal cases.To protect the legitimate rights of trial parties and other participants in the proceedings.