| Comprehensively deepening judicial reform and promoting the construction of informatization is the road of self-innovation of the courts in China,and is the only way for the reform of the trial system and the modernization of trial capabilities.Since 2016,the construction goal of “Wisdom Court” has been incorporated into the national informatization development strategy and planning.At the same time,the Supreme Court pointed out that the standard should be “full-service online processing,full and open process according to law,comprehensive intelligent services” during the construction of “Wisdom Court ”.Online filing is a new form of information revolution and traditional justice.It is the primary link in the construction of the Wisdom Court and the first step in the electronic exchange between the people's court and people.Therefore,the online filing system is in a pivotal position.However,the current academic focus is mainly on electronic litigation,which has few studies on online filing in the context of civil litigation.In the rare online filing research,meanwhile,the phenomenon of logical paradox on concept mixing between “online filing” and “civil litigation online filing” has appeared.Therefore,starting from the interpretation of civil litigation online filing system,it is pointed out that the definition of concept should be made in party perspective under the context of civil litigation.On this basis,the development status of the system at the normative level is sorted in chronological order.In the meanwhile,according to conduct macro statistics on the construction of the National High Court online filing platform by empirical research method,and then to observe the actual implementation of the high-level institutes from a micro perspective,it summarizes that the current online filing system for civil litigation has some problems at the normative level,including lack of clear legal basis,conflicting operational rules and high threshold for prosecutorial conditions,and some difficulties such as uneven platform construction in different regions,the discrepancy of application subjects,the serious electronic submission and delivery issues and the potential crisis of non-integrity litigation.Exploring its causes,the reform of the civil litigation online filing system and the reversed binary relationship of legislation have led to the lack of legal basis and conflicts of rules.At the same time,the evaluation level of the “establishment + legitimacy ? rationality”action replaces the evaluation level of “establishment ? legitimacy ? rationality” action,which leads to the defect of civil litigation online filing system that is the issue of“high-order” prosecution conditions by conducting the connotation of “filing review system”and representation of “filing registration system”.And the deeper cause is that the value imbalance of the construction of the civil litigation online filing system makes the procedural fair value as the basis of the system and the procedural free value as the institutional guarantee tilted in the face of the litigation benefit value,and the key value of litigation benefit has yet to be played.In view of this,in the choice of the legality of civil litigation online filing system in China,we choose to develop a comprehensive and specialized electronic litigation law as the long-term goal,and obtain the legality of civil litigation online filing by amending the Civil Procedure Law,and to be matched by legal interpretation in order to ensure that its composite approach of integrity and openness responds to the difficulties in lack of legal basis and rules conflicts in the civil litigation online filing system.At the same time,after comparing the registration system with “the online filing by artificial intelligence in common law” and considering the legal tradition of China,the transformation trend of China's civil litigation mode,the judicial status quo of China's traditional filing and online filing,and the basic logic of evaluation level,we advocate that adopting the review mode of “date-time” prosecution condition to improve the status quo of higher-order conditions of prosecution.Which means,on the basis of expanding the scope of application subjects in civil litigation online filing and date-time of the civil law system as basic pattern,stripping out litigation requirements from prosecute conditions,simplifying the complaint review.And if the complaint is lacking the necessary records,the court may inform the correction according to the authority of office.Under the condition of refusal and inability,the court will decide to reject the complaint.Moreover,after broadening the scope of electronic delivery objects,channels and clarifying electronic delivery time,the relevant service is completed according to the authority.Finally,in the process of promoting the system in stages and groups,it is necessary to develop a unified online filing platform to expand online payment channels and compel litigation participants to sign the letter of commitment for good faith litigation. |
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