| Modernization of civil trial system and trial ability is the important content and due meaning of the modernization of trial system and trial ability.In order to promote the modernization of civil trial system and trial capacity,it is necessary to actively use modern technologies such as Internet,artificial intelligence and big data in civil justice to enhance the digital level of civil justice and realize the digital transformation of civil justice.Because of its unique characteristics which are more suitable for digitization,civil justice should be honored to promote the modernization of civil justice system and judicial capacity.The process of civil justice digitalization will inevitably transfer the civil justice operation space from the traditional single closed physical space to the modern open web virtual and physical combined space,which will also bring a series of digital changes and challenges of civil justice.But fair justice is the eternal pursuit of human beings,is also the everlasting value of civil justice.So,in order to reshape the digital revolution of civil justice,and also ensure maximize variables of the judicial fairness,minimize or reduce the risk of possible damage to the judicial fairness,create a higher level of justice,we should based on the study of the civil digital practical experience in the other country,such as the basic concept,core principles and mechanism of dispute resolution,civil judicial procedure rules and risk prevention.The paper is divided into five chapters and the conclusion:The first chapter is about the concept of civil justice and the background of digital transformation.It was started from the context of modern rule of law in civil justice,and defines the modern concept and connotation of civil justice and deeply analyzes the background of intelligent society in the era of digital transformation in civil justice.As an important part of judicial organization,civil justice is born out of modern rule of law.The digitalization of civil justice must be constructed or reshaped on the basis of the consensus connotation of modern rule of law.This chapter was started from the origin and concept of modern rule of law,it points out that the basic connotation of modern rule of law includes five aspects at least: the supremacy of law,the administration of power by law,the protection of citizens' rights,the justice of law itself and judicial justice.On this basis,this chapter demonstrates the modern concept and connotation of civil justice,and points out that justice in the context of modern rule of law is a concept corresponding to legislation and administration,which only refers to the judicial activities of the court.Correspondingly,the modern concept of civil justice only refers to the civil trial activities of the court,but it is not completely equivalent to civil litigation and civil trial.The modern connotation of civil justice is the manifestation of the modern rule of law in the field of civil justice,which mainly includes four aspects: the independent exercise of power,the protection of rights in purpose,the fairness and justice in value,and the occupation and specialty in subject.The digital transformation of civil justice is deeply rooted in the background of The Times of the intelligent society.The connotation of the intelligent society should be analyzed from the three dimensions of social form,technologism and epistemism,and the three technical characteristics of the intelligent society should be defined from the technical colors contained in the intelligent society.For concise writing,they are collectively called digitalization.The transformation from traditional society to intelligent society,brings the scene of social life and communication,the subversion of thinking mode and logic,the decentralization of social connection and operation,these will inevitably be transmitted to the field of civil justice,and then lead to the digital transformation and reform of civil justice.The second chapter is about the digital turn of civil justice and its justice value,systematically combing the practice and exploration of the accelerated digitization of civil justice in traditional courts and the comprehensive digitization of civil justice in Internet courts,and demonstrating the justice value of the digital turn of civil justice.The main feature of the accelerated digitalization of civil justice in traditional courts is "Some online and offline cases be trialed online",which is embodied in the accelerated platform of judicial operation,the accelerated electronation of litigation service and the accelerated intellectualization of civil adjudication.The main feature of the comprehensive digitalization of civil justice in Internet courts is that "all online cases are tried online",which is embodied in the comprehensive interconnection of jurisdiction cases,the comprehensive online litigation process and the comprehensive digitalization of mechanism innovation.The legitimacy of the digital turn of civil justice comes from its three aspects of digital justice,digital near justice,digital substantive justice and digital visible justice.In the aspect of Digital near justice,it is mainly embodied in three aspects: guaranteeing the digitalization in exercise of litigation right,digitalization in reducing of litigation cost and digitalization in improvement of litigation efficiency.In the aspect of digital substantive justice,it is mainly reflected in three aspects: digital assistance in improvement of judge's ability,digital assistance in finding and identification of facts,and digital assistance in correct application of the law;In the aspect of digital visual justice,it is mainly embodied in three aspects: making sure the visible in the whole node of litigation process,visible in the whole process of judicial judgment,and the whole time and space of judicial supervision.Visible justice is not simply equal to "visible justice" in the sense of procedural justice,but a kind of rich development and qualitative leap.The third chapter is about the digital changes and challenges faced by civil justice,and comprehensively analyzes the changes and challenges in five aspects when civil justice moves from offline to online in the context of changes in the era of intelligent society.First,the field of judicial operation is facing three changes from physical space to virtual space,from physical scene to virtual scene,and from physical scene to virtual square.Second,as the changes in judicial operation field,interactive tools and the way of interaction,the basic principles of traditional civil judicial facing many new contradictions and conflicts,mainly for digitalization in civil judicial threats the principle of good faith and erosion,and breakthroughs and weaken the principle of direct verbal,contrarys the purpose of the principle of equality between the parties and limits the space in the principles of debate,etc.Third,digital civil justice is a new online litigation mode for the digital virtual space in the age of intelligent society,it will certainly bring challenges to the traditional civil judicial rules in five aspects,including the replacement of the manner of paper by electronic means,the failure of the online case to the district jurisdiction,the breakthrough of the principles of service by electronic service,the impact of electronic data to the rules of evidence,the challenge of online hearing to procedure rules and so on.Fourth,the multi-dimensional impact of intelligent technology application on judicial adjudication,which is mainly manifested in three aspects: the weakening of intelligent management on autonomy of referee,the initiation of ethical risks by artificial intelligence,and the loss of technicalism on judicial humanity.Fifth,the decomposition of judicial center is weakened by the rise of multiple ODRs,such as court-led ODR,platform governance ODR,public interest organization ODR and the separation,self-oriented and social settlement of disputes.The fourth chapter is about the digital prospect and enlightenment of extraterritorial civil justice.Under the situation that the digitalization of civil justice has become a world trend,this chapter examines the development pattern and practice pattern of the representative countries of the two major law systems,and summarizes the similarities and differences and beneficial enlightenment of the mode of digitalization of civil justice outside the region.From the perspective of advancing path,under the guidance of central state organs,the United States,the United Kingdom and Germany and the Republic of Korea have both experienced a process from partial exploration to comprehensive expansion,but the United States and the United Kingdom have adopted a bottom-up approach,while Germany and the Republic of Korea have adopted a top-down approach.From the perspective of development trend,most countries are embarking on the digitalization of justice reform,aiming to achieve comprehensive digitalization,the difference is whether to set up "online courts".From the perspective of legislation mode,the United States and Britain adopt the revised legislation mode,that is,to adapt to and standardize the electronic civil action mainly by revising the existing civil procedure rules.Germany and South Korea,on the other hand,adopt special legislation mode,that is,apart from revising a few provisions of the current civil procedure law,they have also formulated a series of laws related to electronic civil procedure.From outside experience,on the basis of the digitalization in civil judicial has a full-scale civil judicature in our country and has accumulated rich practical experience and rules of cases,and also the direction of the standing committee of the National People's Congress has unified authority,it is necessary to pay more attention to the top-level design and standardized,and top-down,and timely revise the relevant laws,and start the special electronic litigation legislation as soon as possible.The fifth chapter is the reshaping of the civil judicial digital path,on the basis of using the experience of other countries,it reshapes scheme design mainly from five aspects,the basic concept,core principle,the mechanism of dispute resolution,litigation rules and risk prevention in to n,strive to resolve the civil legal issues in the process of the digital revolution,and efforts to build the world's leading digital new civil judicial mode with Chinese characteristic.First,it is necessary to update the basic concept of digitalization of civil justice,and establish the concept of digital judicial concept,digital justice concept and negotiation justice concept which is suitable for the era of intelligent society.Second,the core principles of digitalization of civil justice should be established as the minimum value criterion of electronic civil litigation.Specifically,it includes the principle of legality of major reform,the principle of equal emphasis on security and truth,and the principle of protection of the rights of the parties.Third,it is necessary to optimize the digital dispute resolution mechanism of civil justice,and build an online multiple dispute resolution mechanism that is layered and progressive from "digital dispute prevention" to "digital non-lawsuit diversion" and then to "digital litigation quick trial",so as to avoid and reduce disputes from the source,and realize the non-lawsuit diversion and fast resolvement of disputes.Fourth,we should reshape the litigation rules of digital civil justice.We should further improve the online litigation rules from three aspects,namely,the rules of application and jurisdiction,the rules of evidence and service,the rules of auditing and procedures.Fifth,in order to prevent the potential risks of civil judicial digitalization,we should mainly from the improvement of the judge performance evaluation concept mechanism and improve the relevant intelligent trial management system,to prevent the risk of Weakening of referee autonomy;in order to prevent the risk of the loss of judicial ethics,in order to prevent potential ethical risks,we should adhere to the ethical standards of artificial intelligence application and strengthen the construction of personal data protection system;we should insist on the technical auxiliary doctrine and safeguard the judicial humanism demand.The final conclusion is about the construction of digital civil justice led by digital justice,and mainly discusses the digital era of civil judicial from traditional "field justice to the wisdom of the era of" digital justice ",and should be dominated by "digital justice",and build the world's leading digital new civil judicial mode with Chinese characteristic from three aspects.First,conform to the trend of civil justice digital reform,and establish the dominant position of digital justice;Second,promote the realization of digital justice with the help of the digital transformation of civil justice;Third,reshape the path of digital civil justice reform,highlight the due light of digital justice?... |
PDF Full Text Request