Viewpoint | Criminal procedure trial remote video testimony system
Published:
2021-12-01
The standardized operation of remote video testimony cannot be separated from the guarantee of three technical elements: personnel, material and technology. Although the economic development gap between the eastern and western regions of China is large, resulting in the uneven development level of network technology and the inconsistent construction progress of Internet courts, under the condition that the existing software and hardware equipment can effectively support remote video testimony, the space for the combination of remote video testimony and network information technology should be further improved, this paper will describe how to make remote video testimony more standardized and systematic from three aspects: perfecting the intelligent application mechanism of remote video testimony, establishing a fixed and mobile remote video testimony mode, and perfecting the standard mechanism of audio and video data storage, so that criminal proceedings participants and the public will gradually accept the remote video testimony method, and realize the leap from quantitative change to qualitative change in the crucial stage of "comprehensive coverage and gradual improvement" of remote video testimony. (I) and Improve the Intelligent Application Mechanism of Remote Video Testimony First of all, the electronic record of testimony is the basis and premise of intelligent testimony. The establishment and improvement of the synchronous generation mechanism of witness testimony along with the case file is inseparable from the "thousand-lamp mode" of paperless testimony in the whole process. Only by implementing the pre-identification of testimony (confirming whether the information of the parties in the trial is qualified and accurate through third-party organizations, I .e. software suppliers, public security identification systems and other means), and quickly labeling cataloguing (implementing the "fast labeling instructions" fast ", only by realizing continuous labeling, staggered labeling, editing labeling, etc.), synchronous circulation of testimony records (synchronous generation and circulation of verbal evidence such as witness testimony and victim statement), one-click accurate return to justice, and full tracking, can the automation and intelligence of witness testimony, litigation service and judicial management be realized as soon as possible. Secondly, we should promote an all-round intelligent auxiliary case handling mechanism, promote the remote litigation diversion mode, cater to the principle of "fine handling of suspected cases (online and offline joint handling) and quick handling of simple cases (online and integrated process)" criminal litigation economy and proportionality, avoid the dilemma of "excessive procedures" for simple cases and "insufficient procedures" for complex cases, and thus realize a multi-value system of accurate diversion of different procedures. At the same time, we should actively develop a multi-functional testimony platform, improve voice recognition, risk warning, portrait generation, automatic inspection and other auxiliary functions to improve the quality of criminal trial. Finally, strengthen the supervision and management of intelligent testimony. Actively explore the "dual-seat" testimony mechanism (PC PC, MB, PC MB), keep the emergency contact number unblocked during the testimony process, do not replace the testimony, do not accept any form of assistance from any organization, and do not use virtual (virtual) background to prevent human operation of witnesses to give testimony. Standardize and improve the supervision system for testimony, and gradually establish a unified platform with real-time evidence storage, asynchronous cross-examination and efficient testimony (hereinafter referred to as the three certificates) to ensure that the testimony process leaves traces and data is safe and reliable. (II) the establishment of fixed, mobile remote video testimony mode Explore the establishment of a "point-to-face" remote video testimony model. As mentioned above, on the basis of establishing diversified remote video testimony sites, in order to prevent the content obtained through the "three certificates" from being deleted, embezzled and intercepted, it is not suitable to use the external network for online testimony for a long time. Therefore, in judicial practice, the matter establishes a fixed "point" (court) to "face" (notary office, procuratorate, law firm, residence, fair unit, etc.) remote video testimony mode through encrypted network channels and separate operation of internal and external networks. In short, a remote video testimony system is set up between public security organs and other organs nationwide, so that witnesses can choose the nearest place to testify, so that judicial personnel can conduct remote video questioning and cross-examination of witnesses in the same city or other places in this organ, breaking the time and space restrictions and reshaping the testimony mode. In addition, while the remote video testimony system is perfect, organs at all levels should actively try to establish remote video testimony studios to integrate data encryption, transmission speed, coverage and other aspects through virtual private network (VPN). Of course, in order to avoid the possibility of "weakening the antagonism of court hearings", testimony studios should also be hung with national emblems, set up special split-screen displays, supervisors seats, timing devices, etc. After the completion of the testimony procedure, the electronic and paper testimony transcripts and audio and video recordings of the testimony shall be transmitted or mailed to the court. Of course, before the construction of facilities in fixed places such as testimony studios is not yet perfect and mature, it is also possible to vigorously promote litigation platforms such as "mobile micro-courts" or to jointly develop APP with special functions such as audio-visual recording, face recognition, remote video testimony, etc. (III) Improve the Standard Mechanism of Audio and Video Data Storage As electronic evidence, the acquisition, preservation and transmission of audio-visual materials for remote video testimony in criminal cases should set up relatively strict standard procedures, such as special examination of the electronic signature on the testimony transcript and prevention of personal information disclosure during transmission. At the same time, the electronic evidence generated after the completion of the witness's testimony should be numbered in the court system terminal in time, indicating the case attribute, production time, place and other relevant information. In the same criminal case heard by the court, all the evidence formed by multiple inquiries of a single or multiple witnesses should be clearly distinguished and classified, uniformly stored in the original folder, and sub-folders should be established as needed to facilitate later inquiries. In the process of importing (sending out) audio and video materials, check whether the contents of the files are consistent with the original data contents such as file materials, and pay attention to the types of video and audio formats (AVI, DAT, RMVP, MP4, AIFF, MPEG, etc.) formed by remote video testimony, because different formats correspond to different volumes, image quality, compression rates, standards, etc, this will affect the transmission speed, storage space and player selection of audio-visual materials. In order to avoid the transmission of video and audio electronic evidence between different organs, such as slow transmission and inability to play, a unified video and audio format and special player should be adopted between the court and the remote video testimony place. In addition, due to the vulnerability of the audio-visual data storage carrier itself and the high requirements for the storage environment, the "preservation" should not only stay at the technical level, but also pay attention to the management level. The relevant departments of the court should formulate the early warning and priority preservation mechanism of the storage scheme, create a good carrier storage environment, and avoid the irretrievable data caused by carrier corrosion. At the same time, the carrier maintenance is divided into "key" maintenance and "routine" maintenance. When the maintenance period expires, the relevant data will be removed from the "maintenance" range, the storage carrier indicators will be regularly detected, the risk limit value will be set, and the storage information will be migrated, copied and simulated (OAIS reference model) if necessary.
The standardized operation of remote video testimony cannot be separated from the guarantee of three technical elements: personnel, material and technology. Although the economic development gap between the eastern and western regions of China is large, resulting in the uneven development level of network technology and the inconsistent construction progress of Internet courts, under the condition that the existing software and hardware equipment can effectively support remote video testimony, the space for the combination of remote video testimony and network information technology should be further improved, this paper will describe how to make remote video testimony more standardized and systematic from three aspects: perfecting the intelligent application mechanism of remote video testimony, establishing a fixed and mobile remote video testimony mode, and perfecting the standard mechanism of audio and video data storage, so that criminal proceedings participants and the public will gradually accept the remote video testimony method, and realize the leap from quantitative change to qualitative change in the crucial stage of "comprehensive coverage and gradual improvement" of remote video testimony.
(I) and Improve the Intelligent Application Mechanism of Remote Video Testimony
First of all, the electronic record of testimony is the basis and premise of intelligent testimony. The establishment and improvement of the synchronous generation mechanism of witness testimony along with the case file is inseparable from the "thousand-lamp mode" of paperless testimony in the whole process. Only by implementing the pre-identification of testimony (confirming whether the information of the parties in the trial is qualified and accurate through third-party organizations, I .e. software suppliers, public security identification systems and other means), and quickly labeling cataloguing (implementing the "fast labeling instructions" fast ", only by realizing continuous labeling, staggered labeling, editing labeling, etc.), synchronous circulation of testimony records (synchronous generation and circulation of verbal evidence such as witness testimony and victim statement), one-click accurate return to justice, and full tracking, can the automation and intelligence of witness testimony, litigation service and judicial management be realized as soon as possible.
Secondly, we should promote an all-round intelligent auxiliary case handling mechanism, promote the remote litigation diversion mode, cater to the principle of "fine handling of suspected cases (online and offline joint handling) and quick handling of simple cases (online and integrated process)" criminal litigation economy and proportionality, avoid the dilemma of "excessive procedures" for simple cases and "insufficient procedures" for complex cases, and thus realize a multi-value system of accurate diversion of different procedures. At the same time, we should actively develop a multi-functional testimony platform, improve voice recognition, risk warning, portrait generation, automatic inspection and other auxiliary functions to improve the quality of criminal trial.
Finally, strengthen the supervision and management of intelligent testimony. Actively explore the "dual-seat" testimony mechanism (PC PC, MB, PC MB), keep the emergency contact number unblocked during the testimony process, do not replace the testimony, do not accept any form of assistance from any organization, and do not use virtual (virtual) background to prevent human operation of witnesses to give testimony. Standardize and improve the supervision system for testimony, and gradually establish a unified platform with real-time evidence storage, asynchronous cross-examination and efficient testimony (hereinafter referred to as the three certificates) to ensure that the testimony process leaves traces and data is safe and reliable.
(II) the establishment of fixed, mobile remote video testimony mode
Explore the establishment of a "point-to-face" remote video testimony model. As mentioned above, on the basis of establishing diversified remote video testimony sites, in order to prevent the content obtained through the "three certificates" from being deleted, embezzled and intercepted, it is not suitable to use the external network for online testimony for a long time. Therefore, in judicial practice, the matter establishes a fixed "point" (court) to "face" (notary office, procuratorate, law firm, residence, fair unit, etc.) remote video testimony mode through encrypted network channels and separate operation of internal and external networks. In short, a remote video testimony system is set up between public security organs and other organs nationwide, so that witnesses can choose the nearest place to testify, so that judicial personnel can conduct remote video questioning and cross-examination of witnesses in the same city or other places in this organ, breaking the time and space restrictions and reshaping the testimony mode. In addition, while the remote video testimony system is perfect, organs at all levels should actively try to establish remote video testimony studios to integrate data encryption, transmission speed, coverage and other aspects through virtual private network (VPN). Of course, in order to avoid the possibility of "weakening the antagonism of court hearings", testimony studios should also be hung with national emblems, set up special split-screen displays, supervisors seats, timing devices, etc. After the completion of the testimony procedure, the electronic and paper testimony transcripts and audio and video recordings of the testimony shall be transmitted or mailed to the court. Of course, before the construction of facilities in fixed places such as testimony studios is not yet perfect and mature, it is also possible to vigorously promote litigation platforms such as "mobile micro-courts" or to jointly develop APP with special functions such as audio-visual recording, face recognition, remote video testimony, etc.
(III) Improve the Standard Mechanism of Audio and Video Data Storage
As electronic evidence, the acquisition, preservation and transmission of audio-visual materials for remote video testimony in criminal cases should set up relatively strict standard procedures, such as special examination of the electronic signature on the testimony transcript and prevention of personal information disclosure during transmission. At the same time, the electronic evidence generated after the completion of the witness's testimony should be numbered in the court system terminal in time, indicating the case attribute, production time, place and other relevant information. In the same criminal case heard by the court, all the evidence formed by multiple inquiries of a single or multiple witnesses should be clearly distinguished and classified, uniformly stored in the original folder, and sub-folders should be established as needed to facilitate later inquiries. In the process of importing (sending out) audio and video materials, check whether the contents of the files are consistent with the original data contents such as file materials, and pay attention to the types of video and audio formats (AVI, DAT, RMVP, MP4, AIFF, MPEG, etc.) formed by remote video testimony, because different formats correspond to different volumes, image quality, compression rates, standards, etc, this will affect the transmission speed, storage space and player selection of audio-visual materials. In order to avoid the transmission of video and audio electronic evidence between different organs, such as slow transmission and inability to play, a unified video and audio format and special player should be adopted between the court and the remote video testimony place.
In addition, due to the vulnerability of the audio-visual data storage carrier itself and the high requirements for the storage environment, the "preservation" should not only stay at the technical level, but also pay attention to the management level. The relevant departments of the court should formulate the early warning and priority preservation mechanism of the storage scheme, create a good carrier storage environment, and avoid the irretrievable data caused by carrier corrosion. At the same time, the carrier maintenance is divided into "key" maintenance and "routine" maintenance. When the maintenance period expires, the relevant data will be removed from the "maintenance" range, the storage carrier indicators will be regularly detected, the risk limit value will be set, and the storage information will be migrated, copied and simulated (OAIS reference model) if necessary.
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