Research On The Legal Issues Of The Construction Of Wisdom Courts In China

With the development of information technology and the advancement of the rule of law,the proposition of the construction of wisdom courts is put forward.At present,the construction of wisdom courts is advancing rapidly in the whole country.At the same time,its construction not only highlights many urgent problems in practice,but also faces many controversies and doubts in theory.Therefore,how to better promote the construction of wisdom courts,better play the role of technology,has become a realistic problem in front of us.This study mainly used the methods of literature analysis,empirical analysis,comparative analysis and questionnaire.Through the analysis of data and literature,we can find out the problems faced by the construction of wisdom courts in China and find out the causes of the problems.On the basis of learning from the experience outside the region,this paper tries to explore the solution to the problem,so as to better promote the construction of China's wisdom courts.In addition to the introduction and conclusion,the main body is composed of the following five parts:The first part: this part is an overview of the wisdom courts and the introduction of its development.By clarifying the relationship between wisdom courts and related concepts,the connotation of wisdom courts is further clarified.Through the introduction of the origin of the wisdom courts,it further leads to the development of the wisdom courts at the top level of guidance and practice,and understands the development status of the Wisdom courts.The second part: this part is to put forward the problems in the construction of China's wisdom courts.According to the existing views and data analysis,find out the problems of wisdom courts in China.From the specific implementation and data openness,technical means application query,technical judicial application disputes,professional differences brought about by the practice of four aspects of obstacles,the specific issues are elaborated.The third part: this part is an analysis of the reasons for the problems in the construction of wisdom courts in China.This paper analyzes the relevant problems from the perspectives of legislation and system norms,legal methods and procedural values,technical limitations,public awareness and talents,in order to find solutions to the problems existing in the construction of wisdom courts.The fourth part: this part is to analyze the extraterritorial technology judicial application and personal data legislation,and get some enlightenment.The application of technology in the main countries of civil law system and common law system enlightens us not only to make full use of technology to serve the justice,but also to keep a rational and cautious attitude.The data legislation of the main countries of the two legal systems provides a useful reference for solving the data security problems in the process of technology judicial application in China.The fifth part: this part is mainly aimed at our country wisdom courts construction existence question to put forward the countermeasure.This paper summarizes the existing academic viewpoints,and on the basis of drawing lessons from the useful experience outside the region,puts forward some views on the existing problems in the construction of the wisdom courts from the aspects of legislation,institutional norms,concepts and cognition.