Internet Court Research

The establishment of the three Internet courts in Hangzhou,Beijing and Guangzhou is a great attempt to actively adapt to the development of the times and promote the intellectualization and informatization of civil justice in China.It is a consensus to realize the multiple values of justice,efficiency,convenience and authority in the Internet era and promote the rule of law.The widespread penetration of the network and the sharp increase of Internet-related cases are the direct background of the establishment of Internet courts.The centralized jurisdiction of Internet-related cases and the online trial of online cases are the most significant characteristics of Internet courts.However,Internet courts should not stop at the online operation of the trial process and the judgment of the case.At present,the Internet courts have made great achievements in improving the quality and efficiency of trials and exploring the trial rules of Internet-related cases.However,the Internet courts in China are still in the initial stage of exploration,and they still need to be improved in terms of legislative protection,institutional supply and new electronic technology applications.The article takes the comparative analysis as the main line,and adopts the sociological empirical research method.The structure is divided into introduction and four chapters.The introduction part mainly discusses the origin of the article research,briefly introduces the development process of China 's Internet court,and analyzes the research significance of the topic from two aspects of theory and reality,and introduces the research situation and main achievements of the Internet judicial at home and abroad.The first chapter is the theoretical overview of Internet courts.This paper first divides the integration process of China ' s judicial and Internet into stages,which lays the foundation for the follow-up study of Internet courts.The analysis of the concept of Internet courts in this paper is divided into two aspects.The first is to analyze the connotation of the concept of Internet courts,limit the scope of this paper,and introduce the characteristics of Internet courts in court positioning,jurisdiction setting,case hearing process,electronic technology application and judicial personnel allocation.The second is to analyze the extension of the Internet courts,and compare the Internet courts with other Internet judicial practices in China(such as smart courts,electronic litigation platforms,etc.),Internet courts and special people 's courts,indicating that although there are different degrees of similarities between other courts and Internet courts,there are essential differences in positioning,and on this basis,the functions and values of Internet courts are discussed.The second chapter is to sort out and summarize the judicial operation of China 's Internet courts.This chapter analyzes the commonness and characteristics of the three Internet courts in Hangzhou,Beijing and Guangzhou in the aspects of case acceptance,litigation process,electronic evidence application,document service and execution.Further,the deficiencies of China ' s Internet courts in court positioning,online trial rules,jurisdiction,litigation process,blockchain evidence review,electronic service and online execution are analyzed in detail.The third chapter uses the method of comparative analysis to summarize the experience of the above countries in the construction of Internet justice through the study of Internet judicial practice in the United States,the United Kingdom,Germany,South Korea and other countries with early development of Internet technology,including perfect legislative support,steady progress of reform,emphasis on the cultivation of judges ' online judicial ability,seeking the support of the legal community and giving the parties the choice of multiple dispute resolution for reference.Finally,according to the problems summarized above and the construction experience of extraterritorial electronic justice,this paper puts forward some suggestions,including perfecting the legal system of Internet court,optimizing the internal management of Internet court and perfecting the supporting system of Internet court.In summary,in the current comprehensive promotion of the Internet judicial reform,to ensure that the status of the Internet court is not shaken,to achieve the central restructuring of the Internet court ' s ' exploration of Internet-related case litigation rules ',' improve the trial mechanism ' and ' enhance the trial efficiency 'function expectations,the Internet court must be clear positioning,adhere to the road of specialization,give full play to the advantages of professional trial mechanism,constantly accumulate judicial practice samples,summarize,refine,output the relevant rules of Internet-related dispute adjudication,explore the establishment of Internet litigation system,optimize the management of online litigation process,improve the level of judicial service,build the Internet legal ecosystem.