Research On Legal Issues Of Internet Courts Trying Cases Online

With the rapid development of the Internet,the number of Internet-related cases nationwide has increased dramatically.In July 2017,General Secretary Xi Jinping emphasized "combining the application of modern science and technology with the improvement of the legal system" in the comprehensive judicial system reform promotion conference.The establishment and application of Internet courts has the advantages of improving the quality of judicial trials in China and saving litigation costs.It is a major exploration of China's judicial reform to adapt to the development trend of the Internet,and it is of great significance to promote the rule of law in cyberspace.This article uses the literature research method,comparative research method,case study method to study the theoretical and practical issues of online court trials in Internet courts from the four aspects of Internet court overview,jurisdiction issues,evidence application and validity determination,service dilemma and countermeasures have studied the theoretical and practical issues of online court hearings to promote the better operation of Internet courts.The first chapter of this article mainly summarizes and researches the relevant overview of online court trials in the Internet.The concept of online courts in China and the meaning of online trials are used as starting points and cornerstones.By comparing the differences and connections between online court trials and offline trials,we conclude that the online trial has the characteristics of networking litigation activities,professionalizing case acceptance,improving trial quality and saving judicial costs and litigation costs.The second chapter of this article puts forward the conflict between the jurisdictional system of the Internet court and the traditional regional jurisdictional system.Based on the traditional theory of civil lawsuits and the status of judicial trials,the relationship between the jurisdiction of the Internet courts and the jurisdiction of the grassroots courts is analyzed.Although the Internet court is a new type of court and has its specific jurisdiction,its jurisdictional rules should not violate the traditional theory of civil litigation.Before positioning as a specialized court,the Internet court should still abide by the existing civil litigation jurisdiction system.Make full use of existing jurisdictional connection points to resolve their jurisdictional issues.The third chapter of this article is based on the two types of evidence applicable to the online trial mode of Internet courts,namely electronic data and electronic evidence,and studies the application and validity determination of electronic data and electronic evidence respectively.Electronic data can maintain its integrity and authenticity with the help of the Internet court electronic evidence platform and blockchain technology tamper-proof characteristics.Electronic evidence should use standardized transformation methods,use existing evidence rules and offline evidence verification Assist in the determination of its effectiveness.The fourth chapter of this article combines the specific dilemma in the current status of Internet court service,and makes specific suggestions from the three aspects of obtaining the legality of the service address,regulating the use of pop-up text messages,and distinguishing the service standards of procedural and judgement documents.This will further improve the service system for online court hearings.