Review And Improvement Of The Current Situation Of Civil Online Court Trials In China

In recent years,online court trial as an emerging product based on Internet technology and supported by mobile communication information platform,has become a new trial method in the current Internet era,once online court trial once its standardized application and practical activities have attracted widespread attention,especially in the current civil litigation academic circles a major research hotspot,China’s exploration of civil online trial practice is also in full swing.As a product of the new era,online court trials have been included in the track of rule of law,and on the whole,online court trials in China have shown a stable and good development trend,but their discussion in theory and practice has not reached the depth they should have.Specifically,online court trials still have problems such as incomplete specifications,incomplete operations,unsmooth connections,and imperfect platform construction.At the same time,insufficient and uncoordinated development between regions,and how to protect the rights and interests of "digital vulnerable groups" are also urgent problems that need to be faced in online court hearings.If the above problems are not resolved in a timely manner,it will not only hinder the promotion of online hearings,but also reduce the rights and interests of the parties,and further damage the credibility of the judiciary.In view of this,this paper will take the current practice of online court trials in China as the starting point,sort out and summarize the practice of online court trials in China,analyze the problems exposed in the operation of online court trials and their causes,and finally put forward personal humble opinions on improving the improvement of online court trials in China in view of the problems existing in civil online court trials in China,in the hope that it can help the development of online court trials in China.Specifically,this paper is divided into the following five parts:Part Ⅰ,Introduction.Firstly,the research background and significance of civil online court trial in China are introduced,secondly,the research results of domestic and foreign scholars on civil online trial are sorted out and analyzed,and finally the research methods,research ideas and innovations adopted in this paper are clarified.The second part is an overview of China’s civil online court trial system.The connotation and extension of online trial and related concepts are clarified,and the characteristics and legality basis of online trial are briefly summarized.As far as the connotation of civil online trial is concerned,it is mainly distinguished from offline trial,Internet court trial and smart court trial,and clarifies the connotation of online court trial mentioned in this article;In terms of its characteristics,it mainly includes off-site and technical;At the same time,by analyzing and elaborating the applicable basis of online hearing,the legitimacy and feasibility of online trial are clarified,so as to clarify the relevant concepts and applicable conditions of online trial and affirm its legitimacy.The third part is the operational status and significance of civil online court trials in China.First of all,the author mainly examines the current practice and operation of civil online court trials in various regions,mainly including the rule system of civil online court trials in China,such as the development of norms from fragmentation to integration,and from broad legislation to narrow legislation;and the practice patterns of civil online court trials in China,such as the diversification of case types,the applicable attitudes of each subject,and the applicable procedural costs and equipment;Secondly,the significance of civil online trial is clarified from the aspects of litigation efficiency and alleviation of "contradictions in human cases".Part Ⅳ:Problems and Causes Faced by the Development of Civil Online Trials in China.Relying on the third part,this paper analyzes the dilemma and problems in the operation of civil online court trials in China,mainly from four aspects:insufficient system supply,poor procedural connection,incomplete platform construction and conceptual conflict.Moreover,the causes of existing problems are analyzed,mainly including lack of Internet thinking and trial thinking,insufficient popularization of online court trial law,and the concept of litigation has not been changed.The fifth part is the perfect path of civil online court trials in China.As the last part of the full article,and one of the core parts of this article,it is a sound suggestion for the existing problems of online court trials in China,focusing on the problems and causes exposed by online court trials in practice,from the perspective of changing the concept of online court hearings,improving the norms of online trial systems,building a connection mechanism for online and offline procedures,linking mechanisms for diversified dispute resolution mechanisms,and strengthening the construction of online trial platforms,the author explores the improvement of the current online trial system It is hoped that this shallow suggestion can contribute to the improvement and development of civil online court hearings in China.