Research On The "Online Trial" System Of Civil Litigation

The information technology revolution has promoted the intellectualization,informatization and onlineization of court trial work,and court trial,as the core link of court trial work,is gradually developing towards this trend.At present,the degree and scale of informatization development in my country’s courts are at the forefront of the world.In recent years,with the continuous development and large-scale promotion and application of the "online remote trial system" of Internet courts and other courts,the trial efficiency and judicial convenience have been improved.degree,received good results.However,in the practice of online trials in local courts,some problems and doubts that conflict with the principles of procedural law such as direct speech and openness of court trials have been exposed."Online trial" has a positive impact on judicial development,so the existing problems are unavoidable.Only by coordinating the relationship between "online trial" and civil procedure law can "online trial" gain a firm foothold,and its rationality and legitimacy can stand the test of history and be universally recognized.Therefore,this thesis takes the concept,value and development status of "online court trial" as the starting point,systematically explores the problems existing in the current civil litigation "online court trial" system,and puts forward corresponding suggestions for the problems.Ensure the fairness and justice of civil litigation to the greatest extent,and minimize the risk of derogation of judicial justice.In this thesis,the first part mainly introduces the meaning and value of "online trial".From the existing academic research,we have found out what is "online court trial" and defined "online court trial".The value of "online trial" determines the necessity of its existence and development.It has been proved in practice that "online trial" not only realizes the optimization of judicial resources,but also reflects the concept of judicial convenience.The second part mainly introduces the development status of "online trial" in civil litigation.The development of "online court trials" in civil litigation has reached a certain scale.In judicial practice,it is no longer an exception to conduct court trials of various civil litigation cases in the form of "online court trials";Recognize the legal effect of online litigation,and issue judicial interpretations to further regulate behavior in online litigation,laying a solid foundation for the further development of "online court trials".At present,the development of "online trial" in civil litigation is faced with some problems.The third part of this thesis analyzes,first of all,it is reflected in the imperfection of the scope of application rules and the protection and relief of the parties’ right to choose the procedure,and secondly,it is reflected in the imperfection of the rules on the scope of application.On the weakening and conflict of the principle of direct speech and the principle of open trial.In the fourth part of this thesis,aiming at the existing problems of "online trial" in civil litigation,drawing on the theoretical development and practical experience of other countries,on the basis of summarizing the successful reform and exploration of the courts in various places in my country,from the coordinated application of the principle of direct speech,"asynchronous" Procedural reconstruction of "online court trials",improvement of relevant court trial rules for procedural safeguards,risk prevention,etc.,put forward coordination suggestions to promote the long-term development of "online court trials".