Constract On Remote Trial Of Civil Action In China

Recently,there has been a lot of enthusiasm for the remote trial procedure,but there’s not the full legal code that defines and regulates the remote trial process.The remote trial procedure can accomplish the task of civil litigation more conveniently,make the civil jurisdiction more effective,and make the purpose of civil litigation more efficient,so the legislative construction of the remote trial procedure is imperative.Due to some subjective and objective reasons,defendants and other participants in the proceedings can’t personally to the jurisdiction of the court,make the court and the assist court together through network technology,complete the case through the all process.It is a new trial way which can convenient parties.Although its purpose and task is not different from the traditional trial,it is an act that must rely on the network to achieve.It is different from the traditional trial procedure and the live broadcast.Through the technical,live broadcast make the people whose case outside participate in the trial of the case.The characteristics of the remote trial procedure are spatial interactivity,which is to break the boundaries of time and space and strengthen communication and interaction.It also shows the diversity of the characteristics of the evidence.The application of the remote trial procedure is different,too.The principle of public trial and the principle of debate and the principle of punishment are applied especially in the remote trial procedure.It is necessary to build the remote trial procedure.Because it can facilitate litigations,relieve trial pressure and save trial costs.At present,our country does not have a special law to stipulate the relevant system of civil remote trial procedure.However,the basic law and local normative documents can set some programs.In particular,the local laws and regulations provide a useful reference for the whole legislation of the remote trial procedure.Foreign court,such as Australia,Britain,the United States,Japan,build up the remote trial procedure,Shanghai court sets the first electrical court in China,Zhejiang court established the e-commerce court,Beijing court enabled We Chat filing.It is very useful that actively explore and practice for remote trial of for remote trial procedure in our country.Therefore,we must design system of the remote trial procedure.In the admissible stage,put forward some suggestions of the starting,location selection,scope of application of cases,confirmation of the identity of the parties,and the connection between the former mediation and the remote trial are discussed.In the session stage,put forward some suggestions of the advise note,rules of material evidence,documentary evidence cognizance,the conversion of trial procedure and the traditional judgment.In the referee stage,analysis from electronic signature rules,court record sharing rules and sentence.In addition,the judicial cooperation system is proposed to construct the horizontal legislation of the remote trial procedure.