| With the rapid development and application of Internet technology and the advent of the "Internet plus" era,the technological revolution of information plus intelligence is sweeping the globe at an alarming rate,and people’s production and life are increasingly closely related to the Internet.In today’s society,people are always enjoying the convenience of the Internet to people’s production and life.But at the same time of enjoying convenience,all kinds of network related disputes also come in droves.Different from the traditional civil and commercial dispute resolution mechanism,to solve the disputes caused by cyberspace puts forward higher requirements for the existing judicial service system.Whether in the convenience of judicial service,the degree of judicial service data,or the standard of network interconnection,the judicial service system is facing great challenges.Different from the traditional civil and commercial disputes,cyberspace disputes are more urgent for the convenience,data and interconnection of judicial services.Before the Internet court,due to the lack of professional Internet judges and specialized mechanisms and procedures,a more comprehensive and systematic network related dispute resolution mechanism has not been established.The establishment of Internet court,under the background of comprehensively deepening reform,has opened up a new field of judicial reform,which is the result of judicial organs adapting to the changes in the information age and actively undertaking the judicial responsibility of the strategy of comprehensively governing the country according to law and the strategy of network power.At the same time,it is also the result of judicial actively docking with the challenges of the information age and adapting to the litigation characteristics of the network age.Because the Internet court has such a high status,it is more urgent to conduct a comprehensive investigation and analysis.What is the Internet court? How to position it? Although the establishment of Internet court is an important measure for the central government to deepen the reform,is there any problem in its establishment? Is the jurisdiction system and trial system followed in its operation perfect enough? If the Internet court is to undertake its historical mission,it is difficult to avoid these problems.Therefore,this paper attempts to analyze the Internet court completely.The first part of the article,as the entry chapter of the article,first combs the Internet court from a macro perspective.This paper clarifies the concept boundary of the Internet court,distinguishes it from the two similar concepts of "smart court" and "electronic court",and positions the Internet court in the two coordinate systems of court organization system and court function: it should be a special court in the court organization system,which can play the role of safeguarding network sovereignty,promoting Internet Economic and social development,protecting parties and leading litigation The function of rule innovation.The second part of the article analyzes the origin of the Internet court,that is,the foundation of its establishment.Starting from the basis,subject and standard of the establishment of Internet court,this paper summarizes the specific standards of the establishment of Internet court,and finds that there are some defects in the legitimacy basis of the establishment of Internet court.Therefore,it proposes to improve the establishment of Internet court through the supplementary decision made by the Standing Committee of the National People’s Congress according to the existing laws.Jurisdiction is the starting point of judicial power,so the jurisdiction system plays a fundamental role in the normal operation of judicial power.The third part of the article focuses on the jurisdiction system of the Internet court,from the two aspects of jurisdiction and jurisdiction.The jurisdiction of the Internet court is mainly centralized jurisdiction,but the jurisdiction is lack of legal basis and conflicts with other jurisdiction.In fact,the scope of jurisdiction does not reflect the specialization of the Internet court,and the expression is not abstract.In view of this kind of problem,it is inevitable to carry on the gradual reform to the jurisdiction system of the Internet court.The fourth part of the article focuses on the controversial field of the Internet court,that is,the trial system of the Internet court.By combing its trial mode selection rules and trial mode,it is concluded that the Internet court pays too much attention to efficiency and innovation,and its trial mode selection rules do not give the parties full choice of online trial or offline trial in practice,which is easy to create new litigation inequality,and the trial mode of Online trial and asynchronous trial also has some differences with the direct verbal principle The conflict between the two.In order to eliminate the above contradictions,this paper proposes to improve its trial mode,respect the right of disposition of the parties,retain the applicable space of offline trial,and reinterpret the principle of direct speech. |
