Technical Legitimacy:A Theoretical Justification of the Legitimacy of Asynchronous Trials
The asynchronous trial has broken through the time and space limitations of traditional litigation activities,responding to practical judicial demands and also triggering legitimacy disputes.The asynchronous trial is a new product of the deep integration of technology into the judiciary,and its legitimacy should be justified by freeing from the shackles of traditional litigation theory.Through the combination and balance of technology and law,technical legitimacy explains and proven the rationality and legitimacy of asynchronous trials.Following logical approaches of technical empowerment,technical interaction,technical optimization and technical humility,the legitimacy justification is demonstrated as follows:By technical empowerment,the basic procedural rights are implemented,ensuring the opportunity for all parties to participate in litigation by technical benefits;By technical interaction,the principles of direct verbal communication and centralized trial are basically implemented,with traditional legal theories endowed with new connotations;By technical optimizing,witnesses can testify in court without interference and supervision can be strengthened through open trials,which helps implement litigation rules;By implementing technical humility,the minimum procedural level is guaranteed,with the concern of"technology centrism"dispelled.
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