Research On The Perfection Of Online Litigation Rules Of The People’s Court

With the rapid development of the Internet era,the development of electronic information technology such as information technology and big data has reached an unprecedented height.It has not only become a booster of social development,but also profoundly changed people’s daily production and life.All aspects of human society reflect the shadow of information technology.In the field of litigation,electronic information technology also shows its place to play.Due to the sudden outbreak of the epidemic,online litigation has ushered in a climax of development.Although the Internet has become an important scene in people’s daily life,if the parties to the dispute are allowed to participate in the litigation process completely online to resolve disputes,users register and upload files to the designated system instead of submitting materials to staff personally;Waiting for online information reply replaces face-to-face language communication;From paying attention to the content of face-to-face communication to paying attention to the fluency of the network,the clarity of the picture and whether the key language has been omitted.In addition,while paying attention to the results of dispute resolution,the parties to the dispute also pay more and more attention to the reputation,transparency,fairness and security of the online dispute resolution system.Therefore,the Supreme People’s court officially implemented the online litigation rules of the people’s court in August 2021.It not only provides the institutional basis for online litigation,but also embeds the key elements of public trust in the dispute resolution system,which will greatly enhance the trust of the parties to the dispute and the public in online litigation and online justice.However,the online litigation rules have just been officially implemented,and there are still many places that can be improved.For example,articles 14 and 20 clarify the asynchronous trial system for the first time.As for the non synchronous trial system,there are some problems,such as narrow application scope,too strict application conditions,single trial mode and so on.In addition,there are still some problems,such as the unclear definition of the nature of the parties’ procedural option,the strict conditions of electronic service and the expansion of the scope of application,the lack of provisions on the parties’ right of objection,and the disclosure of personal information in identity authentication.Therefore,this paper puts forward corresponding improvement suggestions from the perspectives of expanding the scope of application of asynchronous trial,relaxing its application conditions,constructing diversified asynchronous trial methods,giving the parties the right of objection to the effectiveness of legal acts,clearly defining the legal nature of procedural option,relaxing the conditions of electronic service and limiting the scope of application,and accurately defining the limits of personal information collection,In order to better promote the implementation of the online litigation rules of the people’s court in China,constantly enrich and improve its connotation,and enhance the public’s trust in online justice and online litigation.