On The Protection Of Defendant’s Rights In Criminal Online Litigation

As a new thing,criminal online litigation has the background of judicial change in criminal litigation and the Internet information technology collision,integration of the inherent factors,but also based on the defendant’s right to a timely trial,the protection of human rights thrust of the direct impetus,so the criminal online litigation is inevitable.The reason why criminal online litigation is new is because of its three main features and the special impact it brings to the defendant’s rights protection.The analysis of the causes and characteristics of online criminal litigation is not only to think about why and in what form this objective thing exists,but also to explore the impact of this objective existence on the rights of the defendant as the person being prosecuted.The creation of a new form of litigation has a direct impact on the rights of the defendant as the person being prosecuted.Criminal online litigation,first of all,in the technical level for the Internet information technology software and hardware relies on a high degree,without the support of hardware and software equipment,criminal online litigation can not be completed,which led to the protection of the defendant’s personal information and the construction of a litigation platform to store a large number of defendant information;secondly,in space to break the traditional offline litigation subjects must be co-located in the same physical space restrictions,the completion of the virtual space platform.This feature is the direct embodiment of the name of criminal online litigation,and is also an important reason for the possible tension in the protection of defendants’ rights,which has led to the discussion of defendants’ right to cross-examine,right to defense and right to choose the procedure.Finally,because criminal online litigation does not yet have a complete system of rules in the Criminal Procedure Law,the legal level of legitimacy is mainly based on the relevant rules,notices,etc.,and the types of applicable cases are mostly cases where the confrontation between the prosecution and the defense is weak,which leads to thinking about what types of cases defendants can use criminal online litigation to obtain good results.In essence,criminal online litigation is still criminal litigation should be subject to the principles,rules and systems of criminal litigation,so this paper,on the basis of the first three chapters,targeted on the protection of the rights of the defendant,the core is the construction of the legislative system for the protection of personal information,the current concept of the prudent application of criminal online litigation and the improvement of the remedy mechanism to make the rights of the defendant more carefully At least,the application of online criminal litigation will not result in the derogation of the rights that should be applied to traditional offline litigation.