Research On Witness Remote Online Testimony System In Criminal Trial

The utilization of the remote online witness system is considered an innovative approach to conducting modern criminal trials in the era of rapidly advancing internet-based information technology.The increasing support for internet judiciary among intelligent courts in our country has contributed,in part,to the proliferation of audio-visual transmission technology in modern trials.The aim of this advancement is to improve trial efficiency,quality and modernize the court trial system and its capabilities.Courts at all levels have conducted pilot programs for remote trials and online witness video testimony as part of the reforms in the criminal justice system.The COVID-19 pandemic has considerably increased the adoption and growth of remote trial and online witness systems in our country’s criminal trials,primarily due to the impact of force majeure factors such as the epidemic.The traditional method of criminal court testimony requires physical attendance of witnesses in court,where they present their testimonies and undergo examination and cross-examination by the involved parties.However,the remote online testimony system enables witnesses to testify from any location beyond physical space.Information network technology supports the extension of both the witness’ s place of testimony and the courtroom into virtual cyberspace,resulting in changes to the witness testimony method and the testimony system.Even if existing regulations for traditional witness testimony are applicable to the remote online testimony system,they may prove inadequate when faced with new systems.The absence of appropriate legal provisions and practical experience to support it inevitably subjects the application of the remote online testimony system in criminal court proceedings to scrutiny.The absence of direct communication between judges and witnesses during remote online testimony reduces the principle of direct verbal examination.Furthermore,the ambiguity of legal provisions and procedural matters leads to confusion in its practical application.The remote online testimony relies on audiovisual technology to transmit the witness’ s testimony,which filters the witness’ s demeanor and affects the credibility of the testimony negatively.The detachment of the place of testimony from the courtroom’s reality weakens the court proceedings’ solemnity,leading to a casual and perfunctory witness testimony process.Indeed,there are flaws and shortcomings in the practice of the remote online testimony system in the judicial system.However,it still holds practical significance in the modernization of criminal court proceedings.It plays a positive role in mitigating the problem of witnesses appearing in court,upholding the defendant’s rights to confront witnesses,and supporting the substantiation of criminal court proceedings.Additionally,examining the judicial practices and theoretical research of common law countries,such as the United States and Australia,and civil law countries and regions,such as Japan and Chinese Taiwan,can provide insight into improving the remote online testimony system in criminal court proceedings in our country.This article suggests improving the remote online testimony system in criminal court proceedings in four directions: updating principle cognition,establishing testimony rules,optimizing trial procedures,and upgrading platform technology.These suggestions can serve as a reference to improve the remote online testimony system in criminal court proceedings in our country.