论在线诉讼下刑事庭审正当性及规则完善

On the Legitimacy and Rule Perfection of Criminal Trial under Online Litigation

摘要: 在线诉讼是信息网络技术和司法融合的产物，随着互联网技术的不断发展，全面依法治国，加快建设法治国家的推进，利民便民的司法诉讼程序发生重大变革，出现了一种对信息技术充分利用的特殊诉讼方式——在线诉讼，根据最高法院发布的《人民法院在线诉讼规则》之规定，在线诉讼在刑事领域的适用范围仅限于速裁程序审理的案件、减刑、假释案件以及因其他原因不宜适用线下审理的案件。刑事在线庭审突破时空障碍，虽具备正当性，但其与线下庭审具有一定差异，实践中存在些许风险及问题，这就要求设置特殊的庭审规则对其进行规制，如控辩平等和异议规则、审理模式的转换规则、法官提示和重复规则等，以便更好地发挥刑事在线庭审的价值，推动司法的不断进步和发展。

Abstract: Online litigation is the product of the integration of information network technology and judicature. With the continuous development of Internet technology, the comprehensive rule of law and the acceleration of the construction of a country under the rule of law have brought about great changes in the judicial proceedings for the benefit of the people. A special litigation method that makes full use of information technology has emerged: online litigation. According to the Rules for Online Litigation in People’s Courts issued by the Supreme Court, online litigation in the criminal field is only applicable to cases that are tried through expedited procedures, commutation of sentences, parole, and cases that are not suitable for offline trials for other reasons. Criminal online trial breaks through the time and space barrier. Although it has legitimacy, it differs from offline trial to a certain extent, and there are some risks and problems in practice. Therefore, it is required to set up special trial rules to regulate it, such as the equality of prosecution and defense and the rule of dissent, the conversion rule of trial mode, the judge’s prompt and repeated rules, so as to better play the value of criminal online trial, promoting the continuous progress and development of the judiciary.