Research On The Construction Of Provincial Case Division Platform For Online Litigation

With the rapid development of digitalization,China’s intellectualization in the field of judicial practice is also advancing.The outbreak of the covid-19 in 2020 has confronted traditional offline judicial activities with unprecedented challenges,but also with new chances.The practice in the field of Internet justice is no longer limited to the three Internet courts in Hangzhou,Beijing and Guangzhou,but has been tried and developed in courts across the country.However,due to the influence of the traditional judicial system,the localization and administration of judiciary,and the problem of judicial resources allocation still persist.Based on the internet-related characteristics of online litigation and the application of digital technology in the judicial field,this study attempts to build a case division platform with "de-localization" and "de-administration" functions,and to complete the unification and deployment of provincial judicial resources by building a unified information platform in the provincial area to achieve the purpose of optimize judicial resources allocation and improve the performance appraisal system of judges.The first chapter is the introductory section,which is a brief overview of the background of the selected topic,the current status and methodology of the study,and the innovation points.The second chapter summarizes the current situation and effectiveness of online judicial practice in China,and combine with China’s reform of the separation of complicated and simple cases,sorting out the current case division mechanism and the role of artificial intelligence in it.Analyzes the technical,institutional and people basis for building a provincial case division platform for online litigation,and briefly discusses the structure model of it.The third chapter analyzes the significances of the construction of the provincial case division platform from four aspects.It discusses the "de-localization" of the judicial system in the context of the "home and away" problem in judicial field;discusses the "de-administration" in the context of the internal administration of the court’s internal case division mechanism;discusses the uneven allocation of judicial resources due to the high overlap between administrative and judicial districts with empirical data;and integrate the "universal management of people and property in the local courts below the province" reform and the judges’ performance appraisal system with the construction of provincial case division platform.The fourth chapter discusses the practical dilemmas faced by the construction of the provincial case division platform,including the theoretical dilemmas caused by unclear application prospects,imperfect rules and technology ethical risks,as well as the practical dilemmas caused by the different conditions of online litigation practice in different regions,the design of appellate jurisdiction and procedural transformation,the electronization and verification of evidence.At the same time to discuss the construction of online litigation provincial case division platform should be set limits,that it is an adjunct and supplement to offline litigation,and its degree of intelligence should be limited,and should not be applied to the full coverage of all trial proceedings.For the provincial cross-administrative judicial resources allocation function,the small claims procedure can be an entry point to carry out pilot for the application of the full process of online litigation model.