In some areas, courts have launched online trial services, allowing parties to conduct trials online. But this does not mean that all online prosecution cases can be tried online, which needs to be determined according to specific cases and court regulations.
I. Convenience of online prosecution
With the development of network technology, online prosecution has become the choice of more and more people. Through the network platform, parties can submit prosecution materials conveniently, avoiding the complicated paper submission process in traditional prosecution methods. Online prosecution not only saves time, but also reduces the cost of prosecution, so that more people can enjoy the convenience of legal services.
Second, the possibility and conditions of online trial
Although online prosecution provides convenience for the parties, the feasibility of online trial is limited to some extent. First of all, online court hearings need corresponding technical support and facilities, including video conferencing system and online court hearing platform. Secondly, the online trial needs to ensure the fairness, security and authenticity of the trial activities, and prevent technical failures or network security problems from affecting the trial. Therefore, the court will consider the nature of the case, the will of the parties, technical conditions and other factors comprehensively when deciding whether to use online hearings.
Third, the practice and challenges of online court.
In some areas, courts have successfully practiced online hearings. Through the network platform, judges, parties and lawyers can participate in court trials in different places to realize remote and virtual trials. However, online trial also faces some challenges, such as the stability of network connection, the preservation of audio and video recordings of the trial process, and the identity authentication of the parties. These challenges need to be constantly solved and improved by the courts and relevant departments.
To sum up:
Whether online prosecution can be held online depends on specific legal provisions and judicial practice. Although online prosecution provides convenience for the parties, the feasibility of online trial is limited by technical conditions, the nature of the case and other factors. When deciding whether to use online trial, the court will comprehensively consider various factors and try to solve the challenges encountered in practice.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 137 stipulates:
When trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality; If mediation fails, a judgment shall be made in time.
Although this clause does not directly involve online trial, it emphasizes the principles that the court should follow when trying civil cases, including the requirements for flexibility and legality of trial methods. This provides a legal basis for the court to use online trial in some cases.
Provisions of the Supreme People's Court Municipality on Several Issues Concerning the Online Handling of Cases by People's Courts
Article 1 stipulates:
When handling cases online, the people's courts should follow the principles of legality, safety, convenience and efficiency, give full play to the advantages of handling cases online, reduce the litigation burden of the parties, reduce litigation costs and improve judicial efficiency.