电子诉讼异步质证适用问题及其规则完善

The Application of Asynchronous Cross-examination in Electronic Litigation and the Perfection or Relevant Rules

通过剖析异步质证的性质特征,来探究其与传统庭审架构的冲突,并探寻解决方案。异步质证相比于传统质证模式表现出了间接性、轮次往复性及证据方法限定性三方面特点。异步质证的间接性特征不会与直接原则所保护的价值相冲突,但仍会对证据真实性的认定和质证程序的推进造成一定的影响。异步质证程序的改革应当从提高程序的真实性和效率性这两方面着手,着重把握当事人权利保障这一要点。

By analyzing the nature and characteristics of asynchronous cross-examination, this paper explores the conflict between asynchronous cross-examination and traditional court trial structure and some solutions to it. Compared with traditional cross-examination modes, asynchronous cross-examination is featured by indirectness, repetition and limited evidence method. Indirect asynchronous cross examination does not conflict with the value protected by the direct principle, but it still has a certain impact on the identification of the authenticity of evidence and the promotion of the cross-examination procedure. We suggest that improving the authenticity and efficiency of the procedure should be given priority to in the reform of the asynchronous cross examination procedure with a focus on the protection of the rights of the parties.