1. Can't the public trial be broadcast live?
Yes, you can. In order to implement the principle of open trial, expand the publicity effect of the legal system, standardize the live broadcast and recording activities of the people's courts, and combine the actual work of the people's courts, these Provisions are formulated.
Article 1 The people's courts shall follow the principles of legality, truthfulness and standardization in broadcasting live pictures, characters, audio and video of the public trial process through public media systems such as television and Internet.
Article 2 The people's court may choose cases that are highly concerned by the public, have great social influence and have the significance of legal publicity and education to conduct live and recorded court trials. In the following cases, live and recorded broadcasts of court hearings are not allowed:
(a) cases involving state secrets, commercial secrets, personal privacy, juvenile delinquency and other cases that are not tried in public according to law;
(2) The procuratorial organ clearly put forward that the trial should not be broadcast live or recorded, and there are justified criminal cases;
(three) the parties clearly put forward the civil and administrative cases without live broadcast or recording of the trial and with justified reasons;
(four) other cases that are not suitable for live broadcast or recording in court.
Article 3 The people's court shall conduct live and audio recording of the trial in strict accordance with the scope of publicity prescribed by law. Involving issues such as the protection of minors, victims or witnesses and other contents that are not suitable for publicity, corresponding technical treatment should be carried out.
Article 4 If the people's court deems it necessary to broadcast or record the trial of a case, it shall declare it in accordance with the prescribed procedures, fill in the declaration form for broadcast or recording the trial, and submit the important litigation documents of the case. The Supreme People's Court live video reporting procedures and reporting forms shall be formulated by the Supreme People's Court, and local people's courts at all levels shall be formulated by the Higher People's Court.
Article 5 The system of first instance of one case shall be applied to the live broadcast and recording of court trials. If the people's court broadcasts or records the online trial, the trial court shall apply to the relevant departments of the court. After being audited by relevant departments, it shall be reported to the competent vice president for approval. When necessary, report to the people's court at a higher level for review. If the people's court broadcasts or records the trial through * * TV station, it shall be audited by the Supreme People's Court. The live broadcast and recording of the trial through provincial TV stations must be examined and approved by the Higher People's Court.
Article 6 The people's court shall designate relevant departments to be responsible for the supervision, management, communication and coordination of the live broadcast and recording of court hearings. The relevant court is responsible for selecting the trial site and recording the case, and assisting the related work. The technical department and the network management department provide technical support and services for the live broadcast and recording of the trial. All participating departments should make preparations for the live broadcast and recording of the trial, and formulate emergency plans to ensure the smooth progress of the live broadcast and recording of the trial.
Article 7 The live broadcast of the trial, the recording of personnel's activities and the operation of relevant equipment shall not affect the normal conduct of the trial.
Article 8 In the process of implementing these Provisions, the Higher People's Court may formulate detailed rules for implementation according to actual needs.
Article 9 These Provisions shall come into force as of the date of promulgation. If the previous regulations of our hospital are inconsistent with these regulations, these regulations shall prevail. 20 13 opinions on promoting the construction of three platforms for judicial openness
The people's court shall actively innovate the way of opening the trial, and timely open the trial process through video, audio, graphic and Weibo. The announcement of the hearing of the people's court shall be published on the open platform of the trial process at least three days before the hearing. 20 15 "the Supreme People's Court's Opinions on Comprehensively Deepening the Reform of People's Courts-Outline of the Fourth Five-year Reform of People's Courts" (20 14-)
Establish a mechanism for recording and recording the whole trial. Strengthen the construction of science and technology courts and promote the simultaneous recording and video recording of the whole trial. Establish the management, use and storage system of court hearing audio and video. Standardize the scope and procedures of trial live broadcast through pictures, texts and videos.
Second, the problems existing in public trials
The procedure of public trial is not standardized. The trial has begun. First, during the trial, it is not open enough to the public, especially the news media, which often limits reporters' coverage. The actual effect of public hearing is not ideal. Most of the relatives and friends of the parties appear in court as observers, and the auditing system has not yet been formed. The object of public trial includes not only the parties, but also the society. Second, judicial personnel are also very irregular in the trial preparation procedures. Some cases should be tried in public but not in public. Some judges make some cases public if they want to, but not if they don't want to. Some hearings were announced, others were not, and only one hearing announcement was attached to the file, so the masses could not know about the hearing, and of course they could not attend. Third, some courts do not have special announcement places; In some courts, the trial venues are not standardized, and judges sit in the office because of the tension in the trial court or to save trouble. People can't attend, and public hearings can't be implemented. Fourth, in the process of sentencing, cases that are not tried in public are often not pronounced in public. Fifth, in the process of execution, the obligee does not know when his case will be solved, his rights can not be protected in time and effectively, and there is no law on how to publicly execute the procedure.
To sum up, in China, under certain conditions and standards, public trials can be broadcast live. I think public trial is of great significance to promoting the rule of law in China. On the one hand, it can supervise the trial of court personnel, and on the other hand, it can increase people's legal concept and play an educational role in trial.