Author Introduction

Zheng Weiwei is an associate professor at the Law School of Renmin University of China, a researcher at the Renmin Law and Technology Institute, and holds a Doctor of Law degree.

Yan Jiaqi is a doctoral candidate at the Guanghua Law School of Zhejiang University.

This article was originally published in the 4th issue of 2024 in 'Human Rights'.

Abstract

Criminal online litigation transcends the barriers of physical space and time, and has changed the logic and path of some criminal case trials by technological empowerment. However, the leap from 'physical domain' to 'virtual domain' poses significant challenges to the effective exercise of the accused's right to defense. The online nature of criminal justice further highlights the imbalance of prosecutorial and defense relationships under the background of smart justice, presenting a new era's issue for the protection of human rights of the accused. The introduction of criminal online litigation in judicial practice was originally intended to achieve justice quickly and conveniently, but the dissolution of the ritual of remote trials has weakened the effectiveness of the defense, reduced the ability to cross-examine, and the technological advantages of public power agencies have intensified the barriers to defense meetings and case review. The root lies in the overemphasis on instrumentalism of technological power, which focuses too much on pragmatism, emphasizes the pursuit of the truth under the stance of authority, and thus dilutes the humanistic care for the litigants. To resolve the difficulties in the effectiveness of the defense right in remote trials, the transformation of criminal online litigation from 'pragmatic technological tools' to 'convenient auxiliary methods' should be realized, and a proper balance should be struck between the pursuit of truth and human rights protection in special scenarios. At the same time, providing technical care for the defense and strengthening the ability to cross-examine are also feasible methods. It is also necessary to provide a concealed communication platform for the defense's online meetings and actively strengthen the protection of the accused's right to defense.

Keywords

Criminal Online Litigation, Smart Justice, Right to Defense, Remote Trials, Human Rights