Research On The Particularity Of Internet Court Litigation Rules

With the popularity of the Internet and the development of related technologies,the number of internet-revelent disputes has increased significantly.In order to better deal with the Internet related cases and maintain the rule of law in cyberspace,the Internet court came into being.The relationship between Internet court and smart court is easy to be confused.It is the trend of the times that modern science and technology are more and more used in judicial trials.Those technology applications that are purely for the purpose of improving litigation efficiency and saving judicial resources belong to the construction content of smart court,which is the traditional electronic court.In the existing judicial practice abroad,many countries also use modern science and technology Technology is introduced into the judicial trial,which belongs to the category of smart court.Although the Internet court also uses a lot of modern science and technology to assist judicial activities in form,it is established for the purpose of maintaining the rule of law in cyberspace,and mainly deals with Internet related disputes.Therefore,it is not an electronic traditional court,but a special smart court.The Internet court adheres to the principle of "online case,online trial",which makes the traditional civil procedure rules difficult to adapt and need to be adjusted.Specifically,in terms of jurisdiction rules,first of all,it is clear that Internet related cases refer to the cases in which the main facts of the case occur on the Internet.In view of the concurrence of online and offline tort cases encountered in judicial practice,the state attaches great importance to the construction of Internet courts.At the same time,in order to adapt to the characteristics of Internet justice,which requires higher litigation efficiency,and ensure the legitimate rights of the parties,it is more appropriate for the Internet courts to hear the offline tort together as long as they meet the characteristics of connection and subordination.On the other hand,the jurisdiction of the Internet court is currently expressed as centralized jurisdiction,but considering that the type of cases it tries is Internet related cases,the trial mode is different from the traditional court,and it undertakes a special trial mission.Therefore,it is more appropriate to promote the Internet court to become a special court and apply special jurisdiction.From the perspective of evidence rules,Internet courts use electronic evidence,and offline evidence also needs to be uploaded online through electronic processing,which leads to the cross space submission of evidence.Although traditional courts use electronic evidence to submit evidence across spaces,the authenticity of electronic evidence can be well tested because of the physical connection point of information storage device in traditional courts,while Internet courts can not examine the original electronic evidence well.In response to this problem,the Supreme People's court's "provisions on Several Issues concerning the trial of cases by Internet courts" directly makes it clear that offline evidence processed electronically is presumed to have the original effect.This provision is reasonable.On the one hand,for the sake of ensuring judicial efficiency,on the other hand,the presumption is also in line with China's judicial tradition.This also reflects the benefit value in the Internet justice has a certain degree of expansion.In terms of service rules,China's civil procedure law juxtaposes electronic service with other service methods.However,compared with the physical world,the virtual world of the Internet is relatively independent.Therefore,in the field of service,we should not simply regard electronic service as a service mode,but as a general service mode parallel to the traditional service rules-Internet service.The specific construction of Internet court service rules should be carried out under the concept of Internet service.In this context,the online service of judicial documents by Internet courts seems to violate the provisions of the civil procedure law,but in essence it does not.Accordingly,when consulting the parties on whether to agree to online service,the rule of implied consent should also be used.All these are required by the essence of Internet justice.