E-court And The Theory Of Traditional Civil Suit:Confliction And Coordination

Along with the rapid development of electronic information technology in the 21st century, human society is and will continue experiencing a great change. In recent years, with the gradually increased population migration, the gradually diversified means of communication between people, the increasing cross and inter civil and commercial activities and cases, eventually demonstrate an explosive trend of growth. The long-term problems such as the low efficiency, high cost, the wasting resource and the difficulties for the witnesses to appear in the traditional courts bring an even greater barrier to the judicial apparatus. To fix the functional disorders is in urgent need, and the judicial reform should be further promoted.In recent years, several courts in Shanghai, Jiangsu and some other places gradually began to apply the electronic information technology in the court trials, such as the network filing, the video testimony, and the remote court. The new way of hearing indeed alleviates the pressure on the judicial apparatus,and this provides a more convenient and efficient way to maintain physical and procedural rights of the two parties.However, the electronic information technology brings to the civil litigation not only opportunities but also challenges. Questions, such as the way of solving the conflicts between the electronic court and the traditional legal theory, and application of electronic court must be answered prior to ensure that E-court can gain a firm foothold in our country. The perspective of this paper is to study the confliction and coordination between the electronic court and the theory of traditional civil suit. For this purpose, this article consists of the following four parts:firstly, an introduction of the general theories and the applications of E- court will be illustrated and on this basis, I will analyze the realistic meaning and the procedural meaning of electronic court; secondly, in perspective of the traditional court jurisprudence, introducing four significant conflicts between the electronic court and the traditional theories; thirdly, on the basis of the second part, I will be analyzing the breakthroughs that the electronic court brings to the tradition of civil litigation; in the fourth Chapter, the writer roughly divided the development ofChinese electronic court into four steps. Respectively, the technological processes bring in the innovation of concept, the concepts of innovation followed by the institutional changes, the institutional changes cause the court update, and the court updating promotes the realization of justice.