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Research On Chinese Civil Network Court

Posted on:2018-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q H YangFull Text:PDF
GTID:2346330512987809Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the constant development of economic globalization and e-commerce during recent years,the inter-personal economic relation is getting closer and trans-regional civil dispute starts to increase;that is to say,faced with the increasing lawsuits,the limited trial resources in Chinese court and traditional trial cannot meet the demands of current economic and social development.Therefore,under the situation that network technology is becoming more mature and"Internet+"integrates with all walks of life,it is necessary to set up civil network court,drive law with technology and enhance judicial efficiency.Meanwhile,to construct civil network court in China can improve lawsuit efficiency,save judicial resource and plays important significance in judicial trial.This paper consists of introduction,main body and conclusion.The introduction mainly illustrates the background of researching Chinese civil network court,theoretical as well as practical significance,and research thought.The first part of main body is overview,which briefly introduces the basic concept,characteristics,advantages and shortcomings of Chinese civil network court.Based on comparing development status of network court in USA,Canada and Singapore,the second part obtains the enlightenments to construction of Chinese civil network court.The third part analyzes the development status as well as problems of Chinese civil network court:in terms of system,the legitimacy of civil network court doubtful,its applicable scope remains to be defined,and relevant legislation lags behinds;with respect to judicial officers,the overall quality of Chinese judges is uneven,which,to some extent,restricts the development of Chinese civil network court.The fourth part is the analytic demonstration of necessity and feasibility of constructing Chinese civil network court.In addition,since the legal quality of public and judicial officers has been improved,along with the maturity of network technology,to construct civil network court also is the irresistible trend of judicial reform in various countries.For this reason,to carry out civil network court in China is equipped with realistic feasibility.The fifth part emphatically elaborates the construction of civil network court system:firstly,it is necessary to perfect legislation system to provide legal reference for constructing Chinese civil network court.Secondly,according to the lawsuit overall process such as accepting case jurisdiction,identity authentication,remote evidence obtaining and cross-examination,court trial recording and electronic signature technology,office-copy submission and delivery,and network safety system,the conception for improving Chinese civil network court system is proposed.Besides,it is required to increase capital input,reinforce network technology and law big data construction,and provide hardware support for the construction of civil action system.At last,it is needed to pay close attention to the assessment of comprehensive business quality as well as accomplishment of judicial officers to compensate for the deficiency of technology and promote the construction of Chinese civil network court.The conclusion summarizes the entire paper and further puts forward the author's imagination of constructing Chinese civil network court.China has been preliminarily equipped with the basic condition for constructing Chinese civil network court,which means that,on the premise of combining fairness and justice,it is necessary to innovate initiatively,explore multiple trial method,greatly drive construction of network court,perfect network court hearing system,get rid of dilemma faced by current lawsuit such as long-term backlog and low efficiency,promote judicial reform and protect the construction of Chinese socialist market economy as well as harmonious society.
Keywords/Search Tags:Civil Network Court, Remote Trial, Necessity, Feasibility, proposal
PDF Full Text Request
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