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Research On The Internet Court Hearing E-commerce Disputes

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:M B WangFull Text:PDF
GTID:2416330620963770Subject:legal
Abstract/Summary:PDF Full Text Request
With the advent of the Internet big data era,e-commerce into the public's vision,the rapid development of online transactions,but also gave birth to a lot of e-commerce disputes.Because of its large number of e-commerce disputes,small amount,high cost and complex type,greatly increased the pressure of the judicial system,reducing the efficiency of the trial.In order to better adapt to the development of the Internet,more effective settlement of e-commerce disputes,to facilitate the parties,and to provide the parties with reasonable and efficient judicial remedies,to ensure the sound development of the Internet economy,the organic fusion of Justice and Science and technology,therefore,the Internet court emerges as the Times require.Since the birth of Internet court,many scholars at home and abroad have accepted it.The reason for this is to see where the advantages of the Internet court lie.In the course of trying e-commerce disputes,the Internet court has given full play to the characteristics of high efficiency,convenience and low cost,it saves the judicial resources and also guarantees the safe development of E-commerce,and contributes to the sustainable development of China's Internet economy and the building of a network power.This paper introduces the background of the Internet court hearing e-commerce disputes,and from the characteristics of e-commerce disputes leads to the advantages of the Internet court hearing e-commerce disputes,but due to the initial stage of development and the limited level of Internet science and technology,china's Internet courts still have a lot of difficulties in handling e-commerce disputes,and then explore the way in which the Internet courts outside China handle e-commerce disputes and sum up their experience,at last,this paper puts forward some countermeasures against the difficulties in the process of our country's Internet court hearing e-commerce disputes,and discusses the topic of the research on the Internet court hearing e-commerce disputes.Specific as follows:The first part of the article is based on the background of the topic and the status of research at home and abroad.By understanding the characteristics of e-commerce disputes,the domestic judicial practice of the Internet court in dealing with e-commerce disputes,and the domestic and foreign scholars' exploration of the Internet court in dealing withe-commerce disputes,this paper introduces the research situation of the Internet court in dealing with e-commerce disputes in China's judicial practice,make clear the application value of Internet court in judicial adjudication.It is conducive to building a cyber power,a digital China and a smart society.The second part of the article is the Internet court trial of the theoretical basis for e-commerce disputes.By comparing e-commerce disputes with ordinary disputes,this paper sums up the realistic features of e-commerce disputes,expounds the features of Internet court,introduces the difficulties existing in the off-line court hearing e-commerce disputes,and makes a comparison with the Internet court hearing e-commerce disputes,thus summed up the court on the Internet to hear the various advantages of e-commerce disputes.The third part of the article is China's Internet Law to try the difficulties of e-commerce disputes.Through the research on the judicial practice of the Internet court in handling e-commerce disputes,the author summarizes the deficiencies in practice,and the legislation,the trial,the supervision,the judicial platform as well as the personnel disposition question has carried on the elaboration.The fourth part of the article is a study of the overseas Internet courts trying e-commerce disputes,through introducing the Michigan Internet court in the United States,the Internet court in the United Kingdom,the reform of German electronic justice and the practice of Korean online courts,compared with the current research situation of Internet court in our country,the author sums up the corresponding experience.The fifth part of the article is the Internet court trial of E-COMMERCE disputes to improve.Through improving the level of legislation,improve the relevant legal basis to improve the shortcomings of the relevant legal system,through the electronic evidence system and the system of delivery and service to build a sound litigation procedures;We should perfect the supervision system of Internet court by building a professional supervision team and setting up an independent supervision system By means of measures such as training of judicial personnel,perfecting the security of judicial platform,and the effect of the outcome of the trial on the evaluation mechanism of E-commerce,we can perfect the practical problems of the Internet courts in handling e-commerce disputes,promoting the exertion ofjudicial function and the construction of cybersex power.
Keywords/Search Tags:Internet court, E-commerce disputes, Judicial efficiency, Online trial
PDF Full Text Request
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