| Since the reform and opening up,the rapid development of information and communication technology in China,the traditional judicial mechanism has also ushered in new opportunities and challenges,people will apply network technology in the process of litigation has become the inevitable trend of judicial development.With the popularization and application of network technology in judicial proceedings,the concept of online trial arises at the historic moment.In judicial practice,it has the advantage that the traditional litigation trial mode cannot reach,and it is gradually spreading and developing from the criminal litigation field to the civil litigation field.However,at the present stage,the research on online trial system in the field of civil litigation in China is still very rare,and the actual application of online trial system in the process of civil litigation is still facing many difficulties.Therefore,it is necessary to further study the online trial system in China.Based on the collection of official data and the author’s telephone interviews with many legal practitioners,this paper observes and studies the online trial system in China’s civil litigation,finds out the problems existing in theory and practice,and puts forward the corresponding feasible countermeasures.The main body of this paper is divided into four chapters: the first chapter through the comparison between the traditional trial and the online trial mode,the online trial will be strong professional,free space,cross-examination mode and other special characteristics to display,and the online trial efficiency value,fair value and open value are expounded;The second chapter,from two aspects of legislation and practice,sorted out the development process and current situation of civil online court system in chronological order,including the early stage,the establishment stage of Internet court and the epidemic stage.The third chapter points out that the civil online trial system is faced with some problems at the legislative level,such as the unclear applicable rules,the threat to the protection of the litigants’ right of action,and the weakening of the principle of direct speech.At the same time,it also introduces the problems of the online court trial system in the practical application,such as the difficulty of promotion,unreasonable software design,high dependence on the third party,lack of court trial solemnness and the difficulty of evidence cross-examination.The fourth chapter on the basis of the foregoing,draw lessons from foreign experience,for the theoretical development of civil trial online system provides an applicable rules to clear,incremental security solution,such as his right to appeal,the parties also puts forward to build on its practice process convenient environment,unified and perfect the trial software,set up the third party liability mechanism,perfecting the court rules,make full use of the evidence before the court exchange system response. |
