刑事远程审判适用空间的设想

The Idea of Application Space of Criminal Remote Trial

摘要: 疫情期间，我国各级法院为保障法院工作的正常运行，贯彻依法治国、依法防疫的理念，通过互联网远程审判的方式进行审判，在案件结算中取得了一定的效果。但现如今，我国远程审判的方式还处于初期试点的阶段，在案件适用中存在一定的“水土不服”。虽然最高院出台了相关政策以及之前各地方出台的通知条例中有明确规定了远程审判的适用范围和适用的规则，但在该些规定中存在很大的缺陷。刑事远程审判缺乏法律依据，适用范围过于笼统，各地方根据自己的情况规定的又天壤之别，很容易导致审判人员在案件适用上的自由裁量滥用，很不利于公正审判，危机当事人的合法权利，相应地也会影响到法院的权威。因此，需要对刑事远程审判进行相应的明确规定。

Abstract: During the epidemic period, in order to ensure the normal operation of courts, implement the concept of governing the country by law and preventing epidemic by law, courts at all levels con-ducted trials by means of remote trial on the Internet, which achieved certain effects in case set-tlement. However, at present, the method of remote trial in China is still in the initial pilot stage, and there is certain “acclimatization” in the application of cases. Although the relevant policies is-sued by the Supreme Court and the notification regulations issued by various localities have clearly stipulated the application scope and applicable rules of remote trial, there are great defects in these regulations. The criminal remote trial lacks legal basis, the application scope is too general, and the local regulations vary greatly according to their own situations, which is easy to lead to the abuse of the judicial personnel’s discretion in the application of the case, which is not conducive to a fair trial, and the legal rights of the parties in crisis will also affect the authority of the court accordingly. Therefore, it is necessary to carry out corresponding clear provisions for criminal remote trial.