Discussion On The Supervision Mechanism Of Internet Litigation

At present,the economy is accelerating the transition to economic activities that are important components of the network information technology industry.The establishment of the Hangzhou Internet Court is a major institutional innovation in China’s judicial initiative to adapt to the development of the Internet.The operating mechanism of Internet litigation,online mediation mechanism,online trial system,electronic delivery procedure and judicial blockchain technology have realized the "networking"of litigant behavior,and the cost is low,Internet litigation is efficient and convenient.It not only facilitates the parties,but also liberates the productivity of the court and simplifies the court process.The advantages and innovations of the Internet court have made it gradually inevitable,but Internet litigation also has its own particularity.For example,the certification certification link is difficult to implement,the online trial is immature,and the electronic delivery is flawed.On the one hand,these problems will hinder the trial activities of Internet courts and threaten the realization of litigant rights.On the other hand,the particularity of Internet litigation challenges the traditional civil litigation supervision mechanism.In the face of these problems,the traditional courts,parties and the supervision mechanism of the procuratorate cannot be fully resolved.In the long run,the fairness and justice of Internet litigation will be negatively affected,and the innovation of the system will not be worth the candle.In order to adapt and improve the particularity of Internet litigation,it is extremely urgent to establish an Internet litigation supervision mechanism.Based on the jurisprudence and practice of the civil litigation supervision mechanism,the Internet litigation supervision mechanism needs to be constructed from the perspective of the Internet court,the parties,and the procuratorate.At First,the Internet court itself needs to be clearly positioned,improve legislation,and interpret the principles of civil litigation in the context of the Internet.From the beginning of the case to the end of the trial,the design of the Internet case jurisdiction objection is accompanied by a review of the litigation requirements system,the online trial mechanism is improved and the litigation activities are reviewed,thereby realizing the court’s self-discipline.Secondly,the establishment of the supervision mechanism of the parties should be completed in two stages before and during the appeal.The litigation rights of the parties are guaranteed through the addition of an online application litigation platform conversion mechanism,an online application avoidance mechanism and the scope of the parties’ prosecution.Therefore,the court is restricted from exercising the judicial power and achieving the purpose of supervision by the parties in the Internet litigation.Finally,deepen the concept of civil prosecutorial supervision and let the procuratorate keep up with the pace of the "Internetization" of the court.Through the Internet technology,establish a case information network sharing system to achieve rapid exchange of legal inspection information.The traditional civil prosecution will use the network as a new carrier to realize online court trial and online execution supervision.