Empirical Study On E-Commerce Dispute Online Trial In Zhejiang Province

With the rapid development of Internet technology and mobile payments,e-commerce platforms such as Taobao have effectively affected people's consumption patterns and purchase methods,and the number of e-commerce disputes that accompany them has also increased.Under the background of the implementation of the registration system in China,the number of cases of electronic commerce dispute cases remains high,and the establishment of a unified e-commerce dispute resolution platform is imminent.The online litigation rules mainly include electronic trials,electronic evidence verification,and electronic delivery.However,due to the relative lag in electronic lawsuit regulations in China,the development of electronic litigation has caused many operational blind spots due to lack of legal basis.This paper starts with the blind spots of these electronic lawsuits and combines the early exploration experience of online trials in Zhejiang Province in order to propose the operating rules of the online trial.This article is carried out from four parts.The first part is about the background of e-commerce online trials in Zhejiang Province.From the rise of internet technology and the rise of e-courts and ‘Internet+Court',we will combine Zhejiang Province e-commerce online court practice data to summarize Zhejiang.The four characteristics of the province's e-commerce online court cases can be summarized : the types of cases are more centralized,the original defendants are unevenly distributed,the amount of the subject matter is small,and professional anti-counterfeiters is emerging.The second part is the introduction of the e-commerce online trial run rules in Zhejiang Province.By contrasting with the traditional offline trial rules,it highlights the differences in the rules of online trial operation,and paves the way for the reconstruction of the online litigation process in the later part of this paper.As a whole,due to the limitation of the space trial,the online trial cannot meet the judges and the parties involved in face-to-face communication.There is a difference between the original defendant's identification and the exchange of evidence with the traditional offline.At the same time,because of the limitation of space,the party's jurisdiction across the country in the traditional sense with administrative divisions has also been affected.Inthe scope of application of the case,the current e-commerce online trial in Zhejiang Province can only handle cases that apply to summary procedures.There are also differences between the scope of the trial and the trial limits.The third part is based on the introduction of the second part of the rules,proceeding from three aspects of procedures,evidence,and online delivery,and sorting out the problems existing in the online e-commerce trial in Zhejiang Province.The main issues involved include the issue of litigation procedures,the issue of electronic evidence and electronic evidence,the issue of electronic delivery and the delivery of online announcements.The fourth part is to solve the problem.From the perspective of improving the litigation system,the extraction and review of online evidence,and the detailed e-delivery system,the paper reconstructs the litigation process for Zhejiang e-commerce online trial on the basis of solving problems.