Research On The Civil Asynchronous Trial System

Under the background of the rapid development of Internet technology,the degree of informatization of China’s judiciary is also deepening,online litigation relying on Internet technology has gradually been widely popularized and applied,and civil asynchronous trial as an abnormal trial method in online litigation has gradually entered the public’s field of vision.Civil asynchronous trial refers to an online litigation method in which adjudicators,parties and other litigation participants log in to the online litigation platform at different times and spaces within a specified period of time and space to conduct litigation acts in an asynchronous manner.As a new type of online litigation trial method,compared with traditional civil litigation,civil asynchronous trial has the characteristics of double breakthrough in time and space in the litigation process,which can be described as a more "radical" innovation to the traditional litigation method.With the continuous application of civil asynchronous trial in judicial practice,the relevant practice of civil asynchronous trial and the future improvement direction have also aroused extensive discussion in the academic circles.Based on the current judicial practice of civil asynchronous trial in China and the debate in relevant academic circles,this thesis hopes to explore an effective road of civil asynchronous trial.The thesis is mainly divided into four parts.The first part is an overview of civil asynchronous trial,which specifically includes three aspects: one is to define civil asynchronous trial,explain its concept and main content,and compare civil asynchronous trial with synchronous trial;the second is to summarize the characteristics of civil asynchronous trials;The third is to analyze the value of civil asynchronous trial and demonstrate its positive utility in judicial practice.The second part specifically introduces the current normative status quo of civil asynchronous trial and relevant judicial practice.The third part is to explain the risks in the application of civil asynchronous trials,and put forward ways to overcome them,including three aspects: first,it analyzes the internal risks of civil asynchronous trials,that is,its possible problems in procedure and jurisprudence;The second is to analyze the external risks of civil asynchronous trials,that is,the risks caused by practical factors in the process of application;The third is to propose a solution plan for the risks related to civil asynchronous trials,giving them a legitimate basis for their development.The fourth part is to put forward relevant suggestions on the future improvement path of the civil asynchronous trial system,which mainly starts from three aspects: first,improve the relevant legislation of civil asynchronous trial,so that civil asynchronous trial can have a basis in the actual application process;The second is to establish and improve the supporting platform system to provide technical support for the in-depth promotion of civil asynchronous trials;The third is to build an open and evaluation mechanism for civil asynchronous trials,and innovate the trial openness mode of civil asynchronous trials.At present,the relevant research on asynchronous trial in the academic circles mainly focuses on the asynchronous trial method of Internet courts,and the innovation of this thesis lies in the scope of civil litigation,combined with the relevant provisions on asynchronous trial in the Online Litigation Rules of the People’s Courts,to define the relevant content of civil asynchronous trial,and sort out the norms and practice of civil asynchronous trial.At the same time,from the perspective of the practical application of asynchronous trial in civil litigation,this thesis analyzes the various risks that may exist in the application of asynchronous trial in civil litigation,and puts forward specific measures to improve the civil asynchronous trial system from multiple levels such as legislation and platform construction on the premise of actual behavior,so as to realize the theoretical legitimacy and practical rationality of civil asynchronous trial.