何以為“庭”？刑事在線庭審制度的基本邏輯與建構路徑

刑事訴訟的數字化轉型已經逐步拓展至審判階段；傳統以物理法庭空間為基礎場域建構起的在線庭審程序在數字化的進程中面臨諸多挑戰；法庭在既有刑事訴訟制度框架下所承載的在空間、時間、行為和權力四個維度的聚合功能均在逐步消解或異化；進而衝擊與之相應建立的刑事訴訟規則。對此；有必要在剖析法庭得以服務於審判公正的參與性、信息交互及展示性這三項核心要素的基礎上；搭建起以物理與虛擬場域貫通為邏輯起點、以權利保障為落腳點的刑事庭審制度調整框架。在此基礎上將糾紛系統設計理念嵌入調整過程；通過引入階層化的程序正義理念；基於物理場域與虛擬場域的孿生關係調整法庭構造；通過能力建設彌合數字鴻溝；並在庭審數字化的轉型期對相關訴訟權利保障予以必要強化。

The digital transformation of criminal procedure has gradually extended to the trial stage. The traditional trial procedure based on the physical court space is facing many challenges in the process of digitization. The aggregation functions of the four dimensions of space, time, behavior, and power carried by the physical court under the framework of the existing criminal procedure system are gradually dissolving or alienating, which in turn impacts the criminal procedure rules established accordingly. In this regard, it is necessary to establish a path for the criminal trial system adjustment based on the analysis of the three core elements—that is, participation, information interaction, and display, that serve judicial justice, with the interaction between the physical and digital fields as the logical starting point, and the protection of rights as the foothold. On this basis, the concept of dispute system design is expected to be embedded in the adjustment process. By introducing a hierarchical model of procedural justice, the court structure should be reformed based on the twin relationship between the physical field and the digital field, the digital divide should be bridged through capacity building, and the protection of relevant litigation rights is to be strengthened during the transitional period of digital transformation