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The Practical Reflection And Theoretical Construction Of The Internet Judiciary Assessment In China

Posted on:2022-10-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:G LuFull Text:PDF
GTID:1486306506997229Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present,the era of intelligent Internet integrating artificial intelligence,big data and other technologies has quietly arrived,and with its many disruptive innovations,it is profoundly changing all aspects of society.On this context,the judicial reform of the people's Court of our country has also taken new steps.Through the integration of mobile Internet,big data,artificial intelligence and other technical achievements into the judicial system,Internet judiciary,a new judicial mode conforming to the development of the times,has been created.The deep integration of justice and technology will help to improve the judicial efficiency and boost the governance of network society through judicial trial.However,due to the imperfection of Internet litigation rules and the lack of relevant reform supporting mechanism,the construction of Internet judiciary has not achieved the expected effect,and is facing many difficulties and various potential risks.The assessment of the internet judiciary is an important way to find problems and prevent risks.Based on this,this paper takes the assessment of the internet judiciary as the research object,analyzes the current situation of China's Internet judiciary in China,reveals the shortcomings of the existing evaluation model,and then discusses how to build a scientific,feasible and effective Internet judiciary evaluation system that can respond to the needs of network social governance and fully guarantee judicial fairness.Specifically,this paper focuses on three core issues: first,why to evaluate Internet judiciary;second,how to evaluate Internet judiciary;third,how to determine the content of the assessment of the internet judiciary.This article is composed of the introduction,the first to the sixth chapters and the conclusion.The introduction part mainly discusses the problem consciousness of the article,related research literature and mentality framework.Firstly,there is still a big gap between the current research on the basic principles and applications of Internet judicial assessment and the social needs according to the the development of Internet justice.Secondly,this article reviews existing research about Internet justice and Internet judicial assessment.Thirdly,the main theme,general idea,research methods and innovations are summarized.The first chapter is titled “the theory of Internet judiciary assessment”.In this chapter,the basic category of Internet justice is clarified,and then the concept and function of internet judiciary assessment is discussed.Internet justice is a new dynamic judicial mode and system established by the people's court based on new technological innovation achievements such as Internet technology,including smart court,Internet court,online litigation rules,new Internet related case governance rules,etc.The Internet has shaped the judicature,such as the "online" litigation process,the "decentralization" of judicial activities,the "customization" of judges and litigation participants,and the shaping of litigation rules by technology.In order to prevent and control the risk of Internet justice and realize the healthy development of Internet justice,we need to actively carry out the evaluation work.Internet judicial evaluation is the comprehensive introduction of the evaluation principles,evaluation standards and quantitative technology in the field of modern social sciences into the field of Internet judicial construction.It uses new evaluation technologies and methods to evaluate the effectiveness of Internet judicial construction quantitatively,so as to understand the actual effectiveness and social effect of Internet judicial construction,deepen the understanding of Internet justice through evaluation,and improve the quality of internet judicial construction and guide decision-making.Internet judicial evaluation has the functions of deep understanding and finding problems,guiding development,early warning and correction,enhancing public participation and optimizing the allocation of judicial resources.The second chapter is titled “the practical dilemma and Countermeasures of internet justice”.This chapter analyzes the dilemma of internet justice,and provides practical solutions.In recent years,Internet justice has developed rapidly in China.The people's court's judicial openness,trial management,case adjudication and other activities are deeply integrated with new technologies such as mobile Internet and big data,which greatly enhances the court's ability to respond to the governance of the network society.However,due to a variety of reasons,Internet justice is also facing difficulties in implementation,with potential risks of weakening the subjectivity of judges and wasting judicial resources.Therefore,it is very important to establish and improve the internet judicial evaluation system,find problems,prevent risks,and optimize the development path of Internet justice.The third chapter is titled “the current situation and deficiency of internet judiciary assessment”.This chapter analyzes the current situation of internet judicial assessment in China,and puts forward the problems and reasons.At present,the internet judicial assessment in China mainly includes two types,which one is the "system type" assessment mode with the court as the main body and the goal of promoting the internet judicial construction,and the other is the "value type" assessment mode with the third party as the main body and the goal of checking whether the internet judicial operation conforms to the judicial value.There are some problems in the operation of these two models,including the imbalance of assessment model,the limited content of assessment,and the single assessment method.The reasons for these problems include the restriction of institutional and social factors,the strong professionalism of internet judicial assessment,the defects of legal assessment model in China,and the failure to fully absorb the relevant research results.In order to promote the development of internet justice construction and realize the rule of law of internet society governance,we need to improve the internet judicial assessment system and give full play to the functions of internet judicial assessment.The forth chapter is titled “the mode construction of internet judiciary assessment”.In this chapter,the two models of assessment system is theoretically reflected and then how to build the model of internet judiciary assessment in China is discussed.The mode of assessment refers to structure system composed of the assessment content,the assessment subject,and the assessment mechanism.The existing assessment models include institutional assessment and value assessment.The court is the subject of the institutional assessment,while the third party is s the subject of the value assessment.Through reviewing the theory of these two assessment models,we can find that it is difficult to achieve the expected evaluation effect only relying on the institutional assessment or the value assessment,and we need to consider two types of assessment models according to the practice.To construct the internet judicial assessment model,we need to pay attention to the following groups of relationships including nation-center or social-center,efficiency first or efficiency first,management oriented or service oriented,policy oriented,element oriented or demand oriented.And then we should absorb multiple subjects to participate in the assessment,further optimize the assessment mechanism,and improve the assessment content and methods.The fifth chapter is titled “the dimension and content of internet judiciary assessment”.Internet judicial assessment has value dimension,system dimension and governance dimension.According to these three dimensions,we can determine the three main contents of internet judicial assessment,which including internet judicial governance,internet justice and internet judicial construction.Internet judicial assessment includes the supply of rules,the operation of internet social governance mechanism and the improvement of internet governance effect.The internet justice refer to the equality between the parties,protecting the rights of the parties and independence of judges;the internet judicial construction includes online filing,online trial,online execution,online mediation,intelligent management,intelligent service and judicial openness.Referring to the content of internet judicial assessment,we can design the index system of internet judicial assessment.The sixth chapter is titled “the index system of internet judiciary assessment”.There are some problems in the design of the internet judiciary assessment index system including single index type,unbalanced index weight and lack of operability through analyzing the current internet judicial assessment in China.The design of the index system needs to follow some rules,such as combining qualitative and quantitative,taking into account the unity and difference,and grasping the validity and reliability of the index.According to the previous theory and following rules,the operation experiment of index design is carried out which taking "online litigation" as an example.The index system of online litigation includes "system support","litigation right protection" and "judge independence".Then,the index is decomposed and screened around online filing,online litigation,electronic delivery and online execution.The conclusion.This chapter summarizes the main points of the full text,and looks forward to the Internet judicial evaluation research.The subject and content of the assessment is the key issues to improve internet judicial assessment in China.The answers to these two questions need to be based on assessment theory and foreign assessment practice.The research on internet judicial assessment has diversity and openness,and there is still a lot of room for promoting the research on basic issues such as assessment mode and content.
Keywords/Search Tags:Internet judiciary, the assessment of the internet judiciary, assessment model, assessment content
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