A Study On The Functional Orientation And Implementation Of Internet Court

As a major innovation in Internet justice,the Internet Court has received widespread attention from all walks of life at home and abroad since its inception.At its inception,the Internet Court has made full use of Internet technology to realise the entire process of online litigation electronically,meeting the diverse judicial needs of people in the Internet era.The Internet Court is a powerful initiative to implement the mechanism of "online trial of online cases",which also promotes the further development of Internet justice.However,behind the excessive focus on the achievements of the Internet Court,such as the convenience of litigation and procedural innovation,there may be a misinterpretation of the true contemporary value of the Internet Court.The current functional positioning of the Internet courts has not been unified in the practical and theoretical circles,which not only affects fundamental issues such as the application of the jurisdictional rules of the Internet courts,but also the direction of the future development of the Internet courts.In particular,in the context of the national courts are actively carrying out the construction of information technology and the continuous popularization of Internet technology,online litigation has become a normal development,people’s behavior is also "pan-net",it is necessary to clarify the difference between the Internet court and other electronic litigation,otherwise the Internet court will lose its uniqueness,become Otherwise,the Internet Court will lose its uniqueness and become a product of the times of Internet justice,unable to play its true value of the times.The search for the function of the Internet Court cannot be separated from the scope of its role-the network society.As the characteristics of the network society are exactly in line with the structure of governance theory,governance is an effective way of public management in the network society.The Internet Court,as a rule explorer and coordinator of the polycentric network society,is able to solve the pain points of governance and promote the rule of law in cyberspace,so it can be said that the function of the Internet Court is the governance of the network society.In addition to painting a rosy picture of the Internet Court from the perspective of "what should be",it is also necessary to look at whether the Internet Court can play its governance function from the perspective of "what is".By analysing the adjudication documents of the Internet Court in recent years,we can find that the Internet Court has encountered a bottleneck in its development,and is bound by a large number of simple Internet-related cases,which naturally prevents it from fulfilling its function of effective governance of the Internet society.The impediment to the functioning of the Internet Court lies in the mismatch between the organisational vehicle,jurisdictional rules and case triage mechanism and the functional needs.Therefore,in order to give full play to its social governance function,a comprehensive supporting system needs to be built to ensure the smooth implementation of the "renewal and iteration" of the Internet Court.At the organisational level,the Internet Court will be upgraded to an intermediate people’s court and characterised as an inter-district court,so as to smooth the rules exploration mechanism through the organisational reform.In the definition of jurisdiction,we should grasp the core contradiction of network social disputes,namely "algorithm,data,platform" and establish a special jurisdictional system with these three elements as the core,so as to build a jurisdictional system in line with the logic of digital governance.Finally,at the level of collaborative governance,the Internet Court should transform the judicial mode of regulation,which focuses on post-facto disposal and protection of rights,and promote a shift to an orderly mode of regulation,thereby creating a pluralistic governance pattern.To this end,the Internet Court,as a coordinator of resources,should rationalize the relationship between inside and outside the court,and then export the increment of collaborative governance,allowing the Internet Court to focus on rule exploration and other governance subjects to participate in collaborative governance,forming a harmonious and co-governing Internet dispute resolution ecology.The Internet Court is a brand new area of Internet justice,and while attracting attention from all walks of life,it has also taken on the important task of exploring a Chinese model of cyber social governance.Therefore,the function of the Internet Court should be clearly positioned as the governance of the network society,and this will be used to plan its future development path and create a veritable Internet Court,so as to promote the rule of law in cyberspace governance,realise its true mission of the times and contribute Chinese wisdom to global network governance.