电子诉讼中在线错时庭审模式的困境与出路——以疫情防控期间鄞州法院的实践运作为切入点

The Dilemma and Outlet of Online Trial Mode in Electronic Litigation—Based on the Practice of Yinzhou Court during the Period of Epidemic Prevention and Control

以移动微法院为平台的在线错时庭审模式的横空出世,满足了特殊时期人们的司法需求,也提高了新时期法院化解纠纷、定纷止争的效率,使司法便民真正落到实处。然而,该模式由于尚处于探索阶段,目前陷入一定的困境亟待突破,例如以交互式对话框形式交流与言词原则不相协调、庭审中法庭调查与法庭辩论顺序混乱以及证人出庭作证的真实性与客观性难以保障等。针对这些困境,笔者提出引入“视频留言”以取代现有的“交互式对话框”交流形式,同时以诉讼主体摆脱诉讼责任相关理论为基础纠正现有庭审顺序,利用现代技术对确保在线庭审中证人证言的真实性与客观性作出更为周密与细致的设计与安排,以为该庭审模式的进一步完善提供参考。

The emergence of online trial mode with mobile micro court as the platform not only meets the judicial needs of people in the special period, but also improves the efficiency of the court in re-solving disputes, settling disputes and stopping disputes in the new period, so that the judicial convenience can be truly implemented. However, due to the fact that the mode is still in the ex-ploratory stage, it is in a certain dilemma and needs to be broken through. For example, the communication in the form of interactive dialog box is not in harmony with the principle of words, the order of court investigation and court debate in court trial is disordered, and the authenticity and objectivity of witnesses testifying in court are difficult to guarantee. In view of these difficulties, the author proposes to introduce “video message” to replace the existing “interactive dialog box” communication form, correct the existing trial order based on the theory of litigation subject getting rid of litigation responsibility, and make a more careful and detailed design and arrangement to ensure the authenticity and objectivity of witness testimony in online trial by using modern technology to provide reference for further improvement.