Research On Intelligent Mechanism Of Case Management In Courts

The system of case management has always been an important part of China’s judicial reformation.At present,the smart court is basically completed,and the case management has also entered the period of intelligent management.On the basis of People’s Court Informatization(Version 3.0),China’s courts have put forward a new target about People’s Court Informatization(Version 4.0),which means that the system of case management will develop in the direction of intelligence.In addition to the introduction and conclusion,the full text is divided into five parts.In the first part,the intelligent mechanism of case management is outlined.The intelligent mechanism of case management is the general term for the activities of using big data,artificial intelligence and other emerging technologies to manage the case filing,complexity and simplicity,etc.In this process,the trial management department plays a coordinating role,and the case court,the judges who undertake the cases,and other staffs supervise and manage the cases according to their respective responsibilities.At the jurisprudential level,the intelligent mechanism of case management is in line with the judicial philosophy of justice and efficiency,and is an inherent requirement for the restraint and supervision of courts and judges’ trial power.And In terms of institution and practice,the multiple information reform outlines issued by the Supreme People’s Court,as well as the valuable experience developed by courts across the country in actively promoting the integration of information technology and case management,have provided a solid foundation for the formation of a nationwide integrated intelligent mechanism for case management.The significance of the intelligent case management mechanism is strengthening supervision within the court and by higher courts to lower courts;promotes judicial openness,realizing real-time and normalized disclosure by real-time supervision of the whole process;improves judicial efficiency,reducing the time cost of cases flow,approval and other management activities through information technology,which in turn improves the efficiency of the court and also enables judges to focus on trial;enhances litigation services,enabling parties and lawyers to conduct litigation activities through the Internet platform,reducing litigation costs for parties and lawyers,while providing convenience for public supervision of justice.The second part is about the development history and current status of the intelligent mechanism of case management.China’s case management system originated in the 1990 s.During the reform process,various case management modes such as "large case filing model" and "small case filing model" have been formed.In 2010,the Supreme People’s Court established the Trial Management Office to coordinate case management,forming a specialized and intensive management pattern.From the perspective of the integration of information technology and case management,China’s case management system has gone through three periods of paper management,information management and intelligent management.And now China’s case management is in the period of intelligent management,has basically realized the whole process of online case handling,rationalization of case division and full disclosure of justice.At the same time,the integration of information technology and case management has achieved remarkable results.The third part is about the intelligent mechanism of case management.There are still many problems in the system and practice of China’s case management intelligent mechanism,and these problems affect the performance of the case management intelligent mechanism.Specifically,China’s court case management mechanism has the following deficiencies: the case splitting system is not perfect,such as the standard is not uniform,the splitting informationization degree is not high,the process of case splitting is not open,etc.;paperless case handling is still defective,the reform is mostly focused on management and not serve the trial,the electronic file generation supporting measures are not perfect;judicial disclosure is selective and lagging;the exchange of information in various courts is insufficient,and there is a lack of information sharing mechanism.The fourth part is an examination of intelligent mechanisms for case management abroad.The case management institution first originated in Western countries.Many countries have formed a mature case management institution,and they have more experience in information technology reform.We can find the following features by examining the relevant institutions in foreign countries: guaranteeing the development and improvement of intelligent case management by legislation;focusing on the overall construction of the whole judicial system;fully implementing the online filing system and focusing on the technical training of judges and other court staff.These experiences can provide lessons for the improvement of the intelligent mechanism of case management in China.The fifth part is the suggestion of improving the intelligent mechanism of case management in China.At first,improve the electronic file institution,unified electronic file submission,format standards;Second,improve the random case splitting institution,build a unified complex random case splitting model,strengthen the restrictions of the designated case splitting model,and promote the transparency and openness of the case splitting process,realize intelligent division of cases by using information technology.Third,improve the judicial open system,refine judicial openness standards and improve judicial openness institutional norms;realize the intellectualization of judicial openness,explore the establishment of technologies for automatic disclosure of judgment documents and automatic shielding of private information,and promote the construction of a unified judicial openness platform.Final,build and improve the information sharing mechanism;improve the court information sharing mechanism to achieve information sharing among courts and unified management of cases;build an external information sharing mechanism,formulate legal norms for data sharing between courts and procuratorates and other departments,and establish an inter-departmental case handling platform to form an interconnected information exchange pattern.