海峡两岸远程审判合作刍议

鉴于两岸互涉案件中当事人、证人等出席对岸法庭的实际困难，有必要推动两岸间远程审判合作。两岸间远程审判合作的可行性存在于三个层面：在理论与观念层面，远程审判并不违背直接言词原则，对被告对质诘问权的行使不会产生实质的消极影响，对法庭功能的消解也非常有限，远程审判侵害对方司法权的问题也可合理解决；在法律与实践层面，两岸有关远程审判的立法和实践，使两岸间远程审判合作具有合法律性，也有了一定的实践经验积累；在设备与技术层面，两岸的法院信息化建设、数字法庭配备和网络应用情况，能为两岸远程审判合作的开展提供设备和技术支持。两岸远程审判合作的最大障碍存在于观念层面。

A Study on the Cross-Strait Cooperation in Remote Court Trial

In view of the practical difficulties the parties and witnesses involved in cross-strait cases will encounter in atten-ding the other side’s court trial, it is necessary for both sides of the Strait to enhance their remote trial cooperation. The feasi-bility of the cooperation lies mainly in three aspects：the theory and concepts, the law and practice and the equipment and tech-nology. In the theory and concept level, remote trial does not violate the principle of direct language, has no substantial nega-tive impact on the cross-examination right of the accused and its digestion of the court function is also very limited. Meanwhile, remote trial against each other’s jurisdiction problem can also be solved reasonably. In the law and practice level, legislation and practice relating to remote trial between the two sides will enable the trial cooperation to be legalized and to help both sides accumulate practical experience. As for the equipment and technical level, we believe that the court information technology, digital equipment and network application between the two sides can provide equipment and technical support for the remote tri-al cooperation. Nevertheless, the biggest obstacle which prevents cross-strait cooperation in remote trial comes from the concept level.