From “Power Orientation” to “Right Standard”:Contravention and Return of Rule of Law in Criminal Online Litigation

With the widespread application of digital technology in litigation activities,the technical characteristics of litigation activities have become increasingly prominent,but it has also exacerbated the complexity of online litigation governance.Criminal proceedings cannot be separated from the wave of digitalization,and the discontinuous balance between long-term gradual and short-term mutations shows that criminal online litigation is not only driven by the logic of stability and gradualism,but also by the factors of contingency.This has led to a series of potential rule of law risks,deviating from the basic principles of modern rule of law that restricts public power and safeguards rights.In the post-epidemic era,the rule of law should be restored,adhering to legality thinking and systemic construction,correcting the excessive and flexible institutional arrangements of criminal online litigation.Through the guidance of the rule of law thinking,the direction of the development of criminal online litigation will be shifted to rule demonstration and procedural design in a timely manner,so as to realize the care of human rights and ensure that the reform dividend of “building a digital China” can benefit the people in all regions of the country in a more balanced and extensive manner.On the one hand,we should recognize the gradual and accidental nature of law as a complex evolving system,enhance the rationality and wisdom of reformers,actively strengthen rights protection in criminal online litigation,and use this as the main axis to provide direction and institutional framework for legislation and reform; on the other hand,we should fully respect the underlying logic of the development of criminal online litigation,follow the gradual adjustive path,decompose reform goals and implement,verify,adjust,and improve them in sequence,gradually adapting to the development trend of digital litigation.