The Big Data Court Of The People’s Court Of H County,Guizhou Province Operates Empirical Research

With the rapid development of a new generation of Internet technology represented by big data,it is profoundly changing people’s production and lifestyles.my country firmly grasps the major historical opportunities of the development of the new generation of Internet technology,and accelerates the promotion of the network power strategy,the big data strategy,and the "Internet+" action.According to the 2020 "White Paper on China’s Digital Economy Development" published by the China Academy of Information and Communications Technology,Guizhou Province’s digital economy growth rate has ranked first in the country for five consecutive years.Guizhou is the country’s first comprehensive test area for big data,and also the first province in the country to put forward a big data development strategy and put it into practice.The Q State Intermediate People’s Court of Guizhou Province closely follows the pulse of the times and actively promotes the implementation of the network power strategy,big data strategy,and "Internet+" action.Approved by the Guizhou Higher People’s Court,it was in H County,Q State on August 25,2016.The People’s Court established the Big Data Tribunal(later changed to the Big Data Court,hereinafter referred to as the "Big Data Court").While insisting on "using big data to try big data," the big data courts,in principle,adopt online trial of cases,and was incorporated into the "Internet Justice of Chinese Courts" by the Supreme People’s Court in 2019.At the beginning of the establishment of the Big Data Court,it centralized jurisdiction over first-instance civil and commercial cases involving big data,"Internet+",and mobile Internet disputes that should be accepted by the basic people’s courts within the jurisdiction of Q State.On April 3,2020,after the Big Data Court adjusted its jurisdiction,it only has jurisdiction over first-instance civil and commercial cases involving big data disputes that should be accepted by the basic people’s courts within the jurisdiction of Q state.Up to now,the Big Data Court of the H County People’s Court is still the country’s first specialized trial institution to centrally administer disputes involving big data.Since the establishment of the Big Data Court of the H County People’s Court for more than 4 years,it has achieved certain results,but there are also certain problems.After investigation,the author found that the big data court mainly has problems in four aspects:jurisdiction,online trial of cases,electronic service,and construction of intelligent auxiliary case handling.This article puts forward the above problems in the big data courts,not to deny them,but to put forward corresponding enlightenment and suggestions for the above problems,in order to make the big data courts develop better,and at the same time provide certain reference for the reform of the judicial system.This article is mainly divided into five parts.The first part is the introduction,which mainly includes the research background,the reason for the topic,the research status,and the research significance,The second part is the basic situation of the investigation,mainly to objectively describe the investigation purpose,the reasons for selecting the H County People’s Court Big Data Court as the investigation site,the investigation process,and the investigation method.The third part is the sorting and analysis of research data,which mainly sorts out and analyzes the research data of the establishment,jurisdiction,online trial of cases,electronic service,and intelligent auxiliary case handling construction of the big data court.The fourth part is to put forward the main problems in the operation of the big data court.Through the sorting and analysis of the research data,it is proposed that the big data court is mainly in jurisdiction,online trial cases,electronic service,and intelligent auxiliary case handling construction.There are problems in this area.Among them,the big data court has three problems:insufficient jurisdiction basis in the jurisdiction,difficulty in determining the connection points of disputes in the jurisdiction of the agreement,and deviation between actual jurisdiction and functional positioning;the big data court has not provided the parties with procedures in the online trial of cases There are three problems:the right to choose,the relatively lagging construction of online litigation platforms,and the difficulty of controlling witnesses’ participation in online court trials;there is insufficient basis for electronic service in the big data courts,and the verification of the addressee’s electronic service address There are three problems:difficulty and difficulty in fixing the "return on service";in the construction of intelligent auxiliary case handling in the big data court,there are three problems:insufficient intelligence in court trials,insufficient intelligence in search and analysis of similar cases,and insufficient intelligence in making judgment documents.The fifth part is enlightenment and suggestions.It is proposed that big data courts should be subordinate to the reality of local social and economic development,should reflect the optimization of judicial resource allocation,and should have scientific and complete mechanism guarantees.It also pointed out that big data courts are mainly in jurisdiction,Corresponding suggestions were put forward for the problems existing in the four aspects of online case trial,electronic service,and intelligent auxiliary case handling construction.