From"Expectable"to"Attainable":Time-space Approaches for Perfection of Online Criminal Litigation
With the development of online litigation,the traditional litigation has been reconstructed,leading to the risk of spatial alienation and time mismatch,so that the necessary information is"masked"and the original video is"cropped,"and in the end,there exist the marginalization of defense,the blurring of evidence cross-examination,and the weakening of the right to know.Online litigation should also meet the requirements of space-time justice,ensuring equality in online space and synchronization in time to promote fairness.Online confession should ensure that the space is open and fully explained,and online interview should also ensure the exclusive nature and privacy of the right.The time and space links in online litigation should be screened and selected,and the spatial rules of advocate's consent,presence and being"next,"and those for fair and open evidence platform should be guaranteed,so as to ensure the verification of doubtful evidence.Confirmation links should be added to ensure time synchronization and information correspondence.A mechanism of protection and evaluation should be added to the right to know for online litigation,thus giving defendants the right to replace equipment and the right to change procedures.
online criminal litigationright of defenseright for cross-examination of evidenceright to knowtime-space approaches