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Research On The Operational Issues Of Internet Courts In My Country

Posted on:2021-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2436330626464246Subject:Law
Abstract/Summary:PDF Full Text Request
The creation of the Internet Court is a new thing born in China under the background of judicial reform to adapt to the trend of judicial initiative to adapt to the development of the Internet.In the long run,the construction of Internet courts and the development of online litigation,while updating judicial concepts and innovating judicial models,provide judicial protection for the healthy development of China's Internet economy and the realization of the strategy of a strong country on the Internet,which is extremely breakthrough The trial model is an important direction for the reform and innovation of the judicial model in China in the next stage.However,compared with the construction of online court projects in Britain,the United States and South Korea,the construction of China's Internet courts is still in its infancy,and there is room for improvement.This article intends to analyze the problems arising in the operation of China's Internet courts on the basis of introducing the experience of the construction of online courts outside the domain,with a view to providing valuable suggestions for improving the construction of China's Internet courts.This article clarifies that the Internet court is a new type of court that conducts the entire process of litigation and trial activities using Internet information technology online,and introduces the background of the Internet court and the necessity of establishing an Internet court.Compared with traditional courts,in order to provide the parties with a more convenient litigation method,it also creatively enables the asynchronous trial model,so that litigants "not at the same time,different places" to conduct litigation becomes a reality.The construction of extra-territorial online courts was earlier,which has accumulated valuable experience for our country.Such as clearly giving the parties sufficient procedural options,establishing a diversified dispute resolution mechanism,gradually expanding the scope of the case,and enhancing the cooperation and exchanges between the Internet court and various institutions,provides many useful experiences for the construction of the Internet court in China.There are three pilot Internet courts in China: Hangzhou Internet Court,Beijing Internet Court and Guangzhou Internet Court.They have unique trial operations that aredifferent from traditional courts in terms of scope of acceptance,jurisdiction rules,documentary evidence rules,electronic supervision procedures,and mandatory mediation procedures.mechanism.Despite the remarkable achievements,there are still some problems in the operation of China's Internet courts,including low legislative level,lack of support of the court's organizational law,weakened parties' rights,insufficient proof of electronic evidence,lack of reasonableness of electronic service rules,and trial The lack of professionalism and other issues.To this end,this article puts forward some suggestions for improving China's Internet construction,such as raising the level of legislation,making changes to the principle of open trial,expanding the jurisdiction of cases,using the advantages of big data on the Internet,and building a professional trial team.
Keywords/Search Tags:Internet court, online litigation, trial mode
PDF Full Text Request
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