Research On The Long-distance Trial Of Small Claims Cases In China

With the development of the economy and the advancement of technology,people's consumption patterns have undergone profound changes.The original single close-range,face-to-face consumption has turned into more and more long-distance,off-site consumption.This new type of consumption is convenient for people and causes many disputes for various reasons.In these disputes,there are some disputes,the facts are simple and clear,involving small amounts of cases,although the National Lawsuit has been incorporated into the small-scale proceedings,trying to use the most convenient and effective way to try,but live in reality.In the middle,because the plaintiff and the defendant were in different places,the two sides went to the court to face difficulties in the court,which seriously hindered the trial of the case,wasted judicial resources and greatly wasted the energy of both parties and increased the burden on the original defendant.In order to safeguard the legitimate rights and interests of the small litigants,save the time and economic burden of the original defendant in court,quickly resolve the case,improve the utilization of judicial resources,and maintain social stability,the trial of small claims using the remote trial has become the court and the parties.Must choose.This article consists of four parts.The first part is the necessity of remote trial of small claims in China.This part discusses the necessity of applying remote trials in small lawsuits from three aspects.Firstly,starting from the fact that the case of a small-scale litigation case is clear,the amount of the target is small,and the first-instance trial is implemented,combined with the multi-dimensional,real-time,economical and dispersive characteristics of the participants in the trial,the remote is pointed out.The trial method is in line with the legislative purpose of the small-scale litigation;secondly,from the geometrical increase of the Internet age case and the requirements of the science-driven judicial system reform,it is pointed outthat the application of remote trial in small-scale litigation cases is the demand of the Internet era;finally,the development and technology from science and technology The progress of the new requirements for the judiciary for the people,indicating that the small trials apply to the remote trials to keep pace with the times,in line with the development needs of the times.The second part is the current situation and existing problems of the remote trial mode of small claims in China.This part analyzes the status quo of remote trial of small claims in China from both legislative and judicial aspects.In legislation,Chinese revised Civil Procedure Law in 2012 clearly stipulates that short-term litigation cases are subject to summary procedure.Although the remote trial method is not clearly defined,Chinese existing litigation system has provided certain laws for long-distance trials.space.In the judiciary,the establishment of Internet courts in recent years has laid a practical foundation for the application of remote trials in small cases.However,the remote trial method of small-scale litigation still has problems such as legality,court majesty,evidence-based certification,court coordination and modern science and technology support,and needs further theoretical discussion and practice improvement.The third part is the experience and reference of foreign remote trials.This part adopts a comparative research method.Through the introduction of remote trial legislation and judicial experience in the United States,the United Kingdom,Australia and South Korea,it points out the system of defining remote trial legislation,broadening the scope of application of cases,demonstrating innovative evidence and ensuring the effect of remote mediation in China.The construction of small-scale litigation in remote trials should be fully borrowed and absorbed.The fourth part is the path of remote trial of small claims in China.This part is aimed at the problems existing in the remote trial mode of small-scale litigation cases in China.It draws on the legislation and practical experience of other countries,proposes to improve relevant laws and regulations,guarantee the seriousness of the trial and the authenticity of the evidence,and ensure the mutual cooperation between the people's courts.The courtroom equipment is responsible for the perfection of the concept,in order to achieve the purpose of justice for the people in the Internet era.