Research On The Civil Procedural Option Right Of Internet Court Parties

The Internet Court is a product of judicial initiative to respond to the needs of the public in the Internet era and the needs of cyberspace management.Relying on information technology and using litigation platforms as the carrier,it implements a new trial mechanism of “online trial of online disputes”.The right to choose civil procedures is a procedural right generally recognized by the theoretical and practical circles of law.The instrumental of information technology and the transformative of the system have contributed to the special of civil procedural option right for Internet court parties.The right to choose civil procedures for Internet court parties refers to the right of the parties(conflict subjects)to independently choose relevant branch procedures and procedural matters within the framework of the Internet court litigation system and procedural rules determined by law after the occurrence of civil disputes involving the Internet.The value of making up for the legitimacy of litigation procedures,realizing the litigation purpose of the parties,and improving the social adaptability of Internet courts.On the basis of realizing the online trial of network-related cases,fully respecting the party's procedural status and clarifying and guaranteeing the party's right to choose the program are the keys to the realization and development of the Internet court's civil litigation system.The choice of civil procedures for Internet court parties mainly includes the choice of the court of jurisdiction,the choice of trial procedures,the choice of litigation methods and the choice of trial procedures.“Civil Procedure Law” “Civil Procedure Law Interpretation” and other laws and regulations,judicial interpretations have made general provisions on the content and exercise of the right to choose procedures,and “Internet Court Trial Regulations” have adjusted the parties' litigation methods and The right to choose the review process.At present,there are problems in the operation of the civil court option of the Internet court parties that the application rate of some program options is low,the exercise is restricted,and some program options have not been confirmed by legislation and the abuse of rights.The causes of its poor operation are: conceptually,the parties Consciousness of the subject of the procedure is not strong;the system design and rationality of the civil procedure choice right system of the Internet court parties in the legislation is insufficient;in practice,there is no channel to form a satisfactory procedure selection,and the parties' technical application ability affects the procedure selection.For this new system of Internet courts,perfect legislation is undoubtedly the primary task and basic guarantee in its construction and development.Full protection of the parties' rights in the choice of procedures is the meaning of the perfection of the Internet court's legislation,the status of the parties' procedures should be fully respected,and the procedures selection mechanism should be improved.In addition,improving the supporting regulations to ensure the substantial equality of the parties' procedural choices in litigation activities;the abuse of regulatory procedural choices to ensure the proper exercise of the civil procedural choices of Internet court parties is also the key to improving the procedural civil procedural choices of Internet courts.