Research On The Trial Procedure Of Civil Electronic Litigation In China

Under the background of information age,the rapid development of information technology has comprehensively penetrated into the reform of China's judicial system.At the same time,the practice and exploration of civil electronic trial procedure in China are continuing.In terms of its connotation,civil electronic litigation trial procedure refers to the trial mode in which judicial personnel,litigants,witnesses and other participants in the trial can conduct evidence cross-examination,investigation and debate in different geographical locations by means of Internet technology,big data technology,multimedia equipment,artificial intelligence and other technologies.Different from the traditional civil trial mode,the electronic trial mode featured by "online trial" can break through the limitation of time and space,greatly save time and money cost,and realize the "fast pace" judicial development,which has revolutionary significance for promoting the informationization and intellectualization process of trial procedure.The civil electronic trial procedure is the product of tool rationality and professional rationality of judges.In terms of value theory,it can effectively resolve disputes,relieve trial pressure,and realize technical,flexible and intelligent trial mode.However,at the level of judicial practice,its actual operation also shows many drawbacks.Due to the participation of information science and technology,the inherent legal basis,procedural value,procedural principles and procedural rules in the civil procedure law have been redefined.At the same time,there are still many obstacles in the civil electronic trial procedure,such as imperfect dispute resolution mechanism,excessive reliance on artificial intelligence,difficulty in ensuring the authenticity of evidence,interoperability and security of the trial system of courts at all levels.Unfortunately,at the national level,there is no systematic legislation on the corresponding court procedure.In order to satisfy the public in the Internet age dispute resolve diversified needs,solve the practical predicament,under the background of new era,we need to into the trial method and the standard of science and technology of construction,to further strengthen the civil electronic lawsuit trial compared with the traditional trial of innovative,ductility,and progressive.The study of the civil electronic trial procedure cannot only stay on the macro discussion of the relationship between law and science and technology,nor can it simply "put the traditional civil trial procedure on theInternet" without any change,nor can it simply add the traditional lawsuit principle,lawsuit rule and science and technology.Based on this,in theory,we should combine the current situation of the application of civil electronic trial procedure in China's judicial reform,return to the discussion of deep concepts such as legal basis,value and principle of civil electronic trial procedure,and try to find out the fundamental influence of Internet science and technology on the basic legal principle of civil procedure.At the same time,the paper reinterprets and interprets it under the background of information age,so as to provide legal basis and system guidance for the construction of civil electronic trial procedure in judicial reform.Combining with the current situation of the practice and application of civil electronic trial,the paper makes scientific arrangement of the value level of civil electronic trial in China from the perspectives of procedural justice and procedural efficiency,in order to properly deal with the integration of traditional litigation value theory and new technology.On the program,and actively explore to explore the application of combination of court investigation and court debate,the breakthrough tradition court investigation and court debate two-phase partitioning model,its significance is that on the one hand,maintained the subjectivity of the parties,on the one hand,can improve the efficiency of the trial,reduced the occur between lawyers and judges in the trial procedural,repetitive labor,avoid the trial time is long,the current Internet court of hangzhou,Shanghai hongkou courts,the Beijing second intermediate people's court has applicable to some cases the court investigation and court debate merger pattern practice exploration,and achieved a good running effect,has its own legislation and practice foundation;In terms of technology,first of all,we should clarify the auxiliary status of Internet science and technology in the construction of civil electronic court proceedings,so as to avoid the excessive erosion of "technology-centralism".Secondly,it is necessary to unify technical standards,build a unified litigation platform,and comprehensively improve the application level of online trial and related electronic judicial means across the country.At the same time,it is necessary to further step up the coordination and overall planning of the development of the east and the west,narrow the spatial gap between the development of the east and the west,ensure substantial social equity and safeguard social justice.