微博直播庭审的困境检视与制度构建——基于协调司法公开与司法权威之间冲突的视角

Examining and System Construction in the Plight of the Trial Live by Twitter:Based on the Perspective of Coordinating the Conflicts between Judicial Public and Authority

通过网络对案件庭审进行实时文图报道的微博直播庭审,被喻为"新媒体时代司法公开的又一扇门和窗",从亮相之日起就被寄予厚望。然而,微博直播庭审的发展与公众的期望相差甚远,正从"星火之势"陷入"后劲不足"之困境。究其根源所在,微博直播庭审虽有助于推进司法公开、促进公正司法,但也不可避免地对司法权威提出了严峻挑战。以规范化建设为视角,探索建立微博直播庭审制度:明确直播主体资格、界定直播案件范围、规制庭审直播内容、建立配套保障机制,为推进司法公开、促进司法公正、提升司法公信提供一种路径选择。

The trial live by Twitter with real-time graphic content on Internet,which referred to as another door and window of judicial public in the new media era is highly expected with its appearance .The development of the trial live by Twitter, however,vary considerably from the public’s expectations,is from the potential of the “spark”into the dilemma of “power shortage”.The root of this situation is obviously,the trial live by Twitter is helpful to promote judicial public and justice,but also pose a severe challenge to the judicial authority.In the face of the conflict between the judicial public and authority,what we should to think is how to deal with the trial live by Twitter.In the standardize construction perspective,this article analyses the live subject,scope of the case,live content and sound guarantee system.With the purpose of promoting the normalization of Twitter live trial and providing a path selection to promote judicial public,judicial justice,and judicial public faith ,the article has been focused on exploring the establishment of Twitter live trial system.