The Establishment Of The Small Litigation Remote Trial Way

Great changes have taken place in the rapid development of Internet technology to help people build a relationship,many in the traditional way to face-to-face activities now can be done through the Internet,such as online shopping,network services,network lending etc..The application of the Internet,meet the people's requirements for diversity,life convenience,has strong vitality and broad prospects for development,will increase with the popularity of computer,the audience of the people and the continued development of computer knowledge.However,because the threshold is low,the field of Internet access activities supervision system is not perfect,in Internet activities,customer service service,shoddy goods online lending default phenomenon has become increasingly prominent,disputes appear.Such cases often involves the amount is low and simple,and easy to find,there is not much difference between both sides in the dispute on the facts of the case,if the court can often get a fair and impartial judgment.But because of the dispute between two parties through the Internet to establish contact,thus causing the dispute both physical space is far,only according to the plaintiff the defendant"principle will lead to the prosecution filed a lawsuit in the measure of the cost and the possible returns to give up after the lawsuit.In the long run,it is not conducive to the development of China' s market economy,nor to the resolution of the contradictions among the masses.The trial procedure of small claims provides a new choice for solving such cases with small amount and far away parties.On the one hand,the way of service to small litigation proceedings,litigation activities allow the parties to choose the nearest court,to further reduce the burden of the parties,for the parties to provide more convenience to the people's court proceedings;on the other hand,the network activities of participants are more familiar with the Internet and computer knowledge,can cooperate with the people' s court suitable for small claims remote trial case.The construction of small claims remote trial is the innovation of this paper lies in the establishment of small claims no remote trial in China,this paper summarized the definition and characteristics,analysis of the way to build the necessity and feasibility of development,related operation stage,construction difficulties and solutions of the small claims remote trial the way of construction.Specifically,the first part by comparing the traditional trial method,combined with the relevant provisions of the second intermediate people's Court of Shanghai,summed up the definition and characteristics of the small trial trial.The second part discusses the advantages of small case trial,and expounds the necessity of constructing the trial procedure of small claims.The third part,through the analysis of the existing conditions of our country,demonstrates the feasibility of developing the small trial trial system in china.The fourth part and the fifth part are the main innovations of this paper.The fourth part,through the introduction of the Shanghai people's Court of remote trial methods and related provisions,combined with the current situation of judicial practice,the trial run stage of small claims trial design.The fifth part is the construction of small claims remote trial may encounter difficulties through the analysis,put forward the corresponding solutions,in order to enhance the practicability of lawsuit remote trial,the procedure can better use,provide new power for the people to solve the dispute.