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The Research On The Operation Of Internet Courts In China

Posted on:2020-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2416330620951391Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
On August 18,2017,the Hangzhou Internet Court was unveiled and the Beijing and Guangzhou Internet Courts were established.The Internet Court is a specialized court that resolves "Internet-related" disputes.Its operation is based on the construction of intelligent courts and the trial of electronic courts.It relies on information technology,uses litigation platforms,filing,accepting,mediating,adjudicating,delivering,executing,etc.A series of litigation procedures are all handled online and operated online.The Internet court has concluded a large number of "Internet-related" disputes,effectively and economically and fairly safeguarded the legitimate rights and interests of the parties,improved litigation efficiency,saved judicial resources,and achieved good judicial results,but the future of China's Internet courts development also faces enormous difficulties and challenges."Data is more than running,the parties do not go out" is a prominent feature of the Internet court.The authenticity of electronic evidence,the applicable conditions,scope and delivery of electronic delivery the confirmation of the regulations has become a difficult issue in court trials;The expansion of the jurisdiction of the Internet court and the optimization of the rules of territorial jurisdiction are the places where the Internet court will be perfected.in addition,Transparency of trial openness,lack of laws and regulations,construction of professional trial teams,online and online The convergence of the next and the preservation and security of judicial big data are also areas that Internet courts need to strengthen and enhance.In order to solve these problems,compared with the development of foreign network courts,and fully draw on the experience of the United States,Britain,Germany and South Korea,combined with the actual situation of China's Internet courts,the operability recommendations are: First,improve the litigation procedures of the Internet court.This includes optimizing the jurisdictional rules of Internet courts;enhancing the ability of courts to obtain and certify electronic evidence;improving electronic delivery rules and clarifying the application of open trial systems.Second,improve the relevant systems of the Internet court.Specifically,establish and improve the relevant laws of the Internet court,build a professional trial team,build an online and offline connection mechanism and ensure the security of judicial data.
Keywords/Search Tags:Internet court, Internet dispute, Electronic evidence, Electronic delivery
PDF Full Text Request
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