Research On The Protection Of The Rights And Interests Of The Parties In Civil Electronic Litigation In China

In the Internet plus era of information age,the development of electronic information technology,such as computer,network and communication technology,has promoted the development and progress of human society,and has hitherto unknown changes in human life and production in all aspects,such as work,study and life.In recent years,electronic information technology has also been used in judicial activities,especially in civil litigation.We should actively use new things to carry out judicial reform,develop civil electronic litigation and build procedural rules applicable to civil electronic litigation,in order to adapt to the new litigation problems in the rapidly changing modern information society.This reform is not only in the world division The field of law has been recognized and developed.At the same time,it has become a hot topic in the field of law.Electronic litigation is a general term of electronic litigation by means of electronic information,which is based on the information age background that modern electronic network information technology constantly affects the trial and litigation work of the court and is increasingly infiltrated.The main body of litigation can use advanced electronic network information technology to conduct litigation activities to the court.It mainly includes online filing and electronic litigation Service,remote court trial,online evidence cross examination,electronic litigation implementation and other links.From the perspective of the protection of the rights and interests of the parties in the civil electronic litigation,this paper expounds the impact of the electronic litigation on the current litigation mode,which leads to the problem of the insufficient protection of the rights and interests of the parties in the civil electronic litigation,as well as the beneficial experience of the legislative and judicial investigation of the protection of the rights and interests of the parties in the foreign civil electronic litigation The protection of the rights and interests of the parties in the sub litigation should be improved,and some suggestions on the protection of the rights and interests of the parties in the civil electronic litigation should be put forward.There are five parts in the article: the first part is the introduction of the article,which mainly includes three parts: the first part is the research background,mainly from the three aspects of judicial reform,judicial practice and theoretical sources to introduce the source of the topic;the second part is the research meaning,mainly from the theoretical and practical significance of the research;the third part is the research athome and abroad Summary,mainly through the literature review of domestic and foreign information about the rights and interests of parties in civil electronic litigation.The second part describes the relationship between the electronic litigation and the traditional litigation mode,mainly starting from the collision of some litigation concepts and systems of the traditional litigation after the emergence of the electronic litigation,such as how to position the relationship between the two,the impact on the principle of direct speech and the principle of openness,the change of the litigant's litigation mode,and the problem of electronic litigation process reengineering.The third part is mainly about some problems of the rights and interests of the parties in the civil electronic litigation.For example,in the aspect of the parties' right of adjudication,the rights and interests of the parties are faced with the game between the public power and the private rights in the system implementation.Meanwhile,the rights of the parties,such as the equal participation right,the procedural knowledge right and the litigation hearing right,are limited to different degrees;in the party that confirms the authenticity of the parties It is difficult to identify,which leads to the abuse of litigant's right of action or the increase of false litigation and damages the party's trust interests;in the aspect of litigant's procedural choice,it is mainly the unclear choice of trial procedure and online and offline procedure conversion;in the aspect of legal communication in electronic litigation,it is mainly aimed at the personal safety and personal privacy of litigant when they participate in the litigation Information security and other problems.The fourth part is to summarize the legislative and judicial experience of foreign countries in the protection of the rights and interests of parties in civil electronic litigation,in order to provide benefits for improving the protection of the rights and interests of parties in civil electronic litigation in China.The fifth part is the protection of the rights and interests of the parties in the above-mentioned civil electronic litigation,as well as some protection suggestions based on foreign experience,including ensuring the equal right of participation and the right to know the procedure of the parties,unifying the authenticity standards of the parties,clarifying the right to choose the procedure of the parties,and improving the technical security of legal communication in the electronic litigation.Through the above several aspects of the narrative,in order to provide useful help for the improvement of our civil electronic litigation system.