Research On IT Outsourcing In The Construction Of Smart Court In China

Scientific and technological innovation and the development of social information have brought new challenges to China's court trial work.In order to ensure the judicial openness,transparency,fairness and efficiency,and to ensure that the trial system and trial capacity meet the requirements of modernization,it is necessary to build a new smart court in China's judicial system reform.However,there are some problems in the information construction of smart court,such as weak foundation,late start,shortage of information technology talents and low level of intelligence.In order to solve these problems,the courts of our country actively carry out strategic cooperation with science and technology companies,outsourcing part or all of the information construction to science and technology companies,so as to improve the information construction level of smart court and achieve win-win cooperation.In this paper,comparative analysis,empirical analysis,comprehensive analysis and literature research are used to study the outsourcing of information technology in the construction of smart court.Alibaba's case of fraud is taken as the starting point to analyze the real problems reflected in the case,and the existing problems in the implementation of information technology outsourcing in smart court are obtained.Combined with the actual situation of our country,Learning and using foreign experience,this paper explores the coping strategies suitable for our country.In addition to the introduction and conclusion,there are four parts in this paper.The specific contents are as follows:The first part is the overview of information technology outsourcing of smart courts in China.This part first defines the concept of smart court and it outsourcing.Secondly,it analyzes the development status of the two and the value of IT outsourcing in the construction of smart court,and concludes that it outsourcing is necessary for the construction of smart court in China.The second part is about the problems and causes of IT outsourcing of smart courts in China.In this part,the case analysis method is used to analyze the case of Alibaba v.counterfeiting.The case analysis shows that there are three problems in the implementation ofIT outsourcing in smart courts: the Contractor's impact on judicial fairness and justice,the risk of abuse or disclosure of litigant data,and the lack of compound judicial talents in courts.Then it analyzes the causes behind the problems,which are caused by the information asymmetry between the court and the contractor,the loss of the court's dominant power in the information technology outsourcing,and the imperfect construction of the court's talent team system.The third part is the experience of information technology outsourcing.By analyzing the mode and practice of information technology outsourcing in the United States,India,Germany and Japan,we can understand the advanced practices of foreign countries,summarize the experience and learn from them for our reference.The fourth part is the key part of the article,which is the countermeasures and suggestions to improve the information technology outsourcing of smart court.Based on the successful experience of foreign countries and the specific situation of our country,in view of these problems,this paper gives four suggestions: legal system,strengthening the ability of external management,improving the level of internal management and optimizing the court's talent team.In the aspect of legal system,it is necessary to formulate special information technology outsourcing law and improve the policies and laws in the field of information technology outsourcing.In terms of strengthening external management capacity,we should establish a pre evaluation mechanism,prudently select contractors,improve the post evaluation system,and strengthen information exchange between the two sides.In terms of improving the internal management level,we should improve the information security management ability in information technology outsourcing and properly handle the relationship between "law and enterprise".In terms of optimizing the court's talent team: first,change the judicial personnel's cognition of IT outsourcing;second,strengthen the construction of court's compound talents.