美国庭审直播制度
发布时间：2018-09-10 21:27
【摘要】：美国庭审直播始于20世纪前期,距今已有近百年的历史。在发展过程中关于其利弊的争议从未停止过,支持者认为其能够提高司法透明度,促进司法正义;反对者则认为庭审直播会干扰庭审秩序,侵犯被告人的正当程序权。美国司法史上不乏与庭审直播有关的著名案例,目前联邦法院对庭审直播仍然持比较保守的态度,不过各州法院对其态度已经较为开放。随着近年网络技术、即时通信技术的发展,庭审直播的设备和方式也在悄然变化,网络直播、微博直播、博客直播等方式逐渐兴起,如何对新技术下庭审直播进行法律规制也是目前需要面对的问题。
[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.
【作者单位】： 中国人民大学法学院;
【基金】：国家社会科学基金青年项目“信息化时代庭审方式变迁的实证研究”(12CFX051)阶段性成果
【分类号】：D971.2;DD916.2
，
本文编号：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.
【作者单位】： 中国人民大学法学院;
【基金】：国家社会科学基金青年项目“信息化时代庭审方式变迁的实证研究”(12CFX051)阶段性成果
【分类号】：D971.2;DD916.2
，
本文编号：2235660
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