美國庭審直播制度
發(fā)布時間：2018-09-10 21:27
【摘要】：美國庭審直播始于20世紀前期,距今已有近百年的歷史。在發(fā)展過程中關于其利弊的爭議從未停止過,支持者認為其能夠提高司法透明度,促進司法正義;反對者則認為庭審直播會干擾庭審秩序,侵犯被告人的正當程序權。美國司法史上不乏與庭審直播有關的著名案例,目前聯(lián)邦法院對庭審直播仍然持比較保守的態(tài)度,不過各州法院對其態(tài)度已經(jīng)較為開放。隨著近年網(wǎng)絡技術、即時通信技術的發(fā)展,庭審直播的設備和方式也在悄然變化,網(wǎng)絡直播、微博直播、博客直播等方式逐漸興起,如何對新技術下庭審直播進行法律規(guī)制也是目前需要面對的問題。
[Abstract]:American trial broadcast began in the early 20 ~ (th) century and has a history of nearly 100 years. In the process of development, the controversy about its advantages and disadvantages has never stopped. Supporters believe that it can improve judicial transparency and promote judicial justice; opponents believe that the trial live broadcast will interfere with the trial order and infringe on the defendant's right to due process. There are many famous cases related to live trial in the judicial history of the United States. At present, federal courts still hold a more conservative attitude towards the trial broadcast, but state courts have been more open to it. With the development of network technology and instant messaging technology in recent years, the equipment and methods of live trial broadcast are also quietly changing. How to regulate the trial live broadcast under the new technology is also a problem that needs to be faced at present.
【作者單位】： 中國人民大學法學院;
【基金】：國家社會科學基金青年項目“信息化時代庭審方式變遷的實證研究”(12CFX051)階段性成果
【分類號】：D971.2;DD916.2
，
本文編號：2235660
[Abstract]:American trial broadcast began in the early 20 ~ (th) century and has a history of nearly 100 years. In the process of development, the controversy about its advantages and disadvantages has never stopped. Supporters believe that it can improve judicial transparency and promote judicial justice; opponents believe that the trial live broadcast will interfere with the trial order and infringe on the defendant's right to due process. There are many famous cases related to live trial in the judicial history of the United States. At present, federal courts still hold a more conservative attitude towards the trial broadcast, but state courts have been more open to it. With the development of network technology and instant messaging technology in recent years, the equipment and methods of live trial broadcast are also quietly changing. How to regulate the trial live broadcast under the new technology is also a problem that needs to be faced at present.
【作者單位】： 中國人民大學法學院;
【基金】：國家社會科學基金青年項目“信息化時代庭審方式變遷的實證研究”(12CFX051)階段性成果
【分類號】：D971.2;DD916.2
，
本文編號：2235660
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