Research On Evidence Rules Of Online Litigation

In recent years,China has begun to build online litigation system.Especially after the outbreak of COVID-19 in early 2020,Chinese courts often complete litigation procedures by appearing in court online in order to meet the public’s demand for litigation and meet the needs of epidemic prevention and control.This paper mainly describes the present situation of the development of the online litigation in our country and its legal basis,and the electronic litigation platforms in our country,elaborates the way of online litigation,and also discusses the electronic evidence submission and examination rules,rules for online evidence presentation and online cross-examination,online rules for witnesses to testify in court and their existing problems and puts forward corresponding solutions in order to provide reference for the development and improvement of online litigation evidence rules in China in the future.This paper starts from the development situation of online litigation in our country,summarizes the Supreme People’s Court enacted a lot about online litigation judicial documents,such as Several Provisions of the Supreme People’s Court on Providing Online Case Docketing Services for Parties to Cross-border Litigations,Rules of Online Litigation of People’s Courts etc.This paper mainly takes Rules of Online Litigation of People’s Courts as the analysis object of online litigation evidence rules.In this paper,the legal basis of online litigation is summarized as the principle of being legal and voluntary,judicial experience principle,litigation equality principle,realize the change of legal value from "approaching justice" to "visible justice" and the combination of judicial convenience and judicial efficiency.As for China’s online litigation platform,this paper summarizes four parts: one is the official website of the Internet court;second,the "Mobile Micro court" wechat mini program and the court’s wechat public account;third,the court’s official website,litigation service network and official APP;fourth,other litigation service platforms of the court.As for the method of online litigation,there are mainly synchronous online remote trial and asynchronous trial.This paper also makes a brief summary of the value of online litigation,online litigation has realized the change of legal value from "close to justice" to "visible justice",and has certain positive significance for the collection of modal evidence,online litigation is conducive to promoting judicial convenience and benefit people,and can also improve the efficiency of judicial trial.Secondly,the paper expounds the submission and auditing rules of evidence submitted electronically.The evidence submitted electronically referred to in this paper mainly refers to the evidence submitted in electronic form on the electronic litigation platforms.This paper starts from the problems existing in the submission and auditing rules of electronic evidence,and puts forward corresponding suggestions.First,the challenge of evidence submitted electronically to the best evidence rules can be solved by introducing the concept of "fabricated original".Second,for the problem that the subject of preservation of the original evidence is not clear,it can be preserved by the parties in principle,and can also be preserved by the court in exceptional circumstances.Third,block chain technology can be used to verify the authenticity of evidence submitted electronically.Fourthly,we should strengthen the help to "digital vulnerable groups" to protect their litigation rights.Then,this paper introduces rules for online evidence presentation and online cross-examination and their existing problems,and puts forward relevant suggestions.The parties can choose synchronous or asynchronous mode for adduce evidence and conduct cross-examination synchronously or asynchronously,and can also convert online and offline evidence presentation and cross-examination procedures.However,through the online way of put to the proof and cross-examination,there exist some problems,such as imperfect rules,formalization of online evidence presentation,the phenomenon of online cross-examination and the lack of institutional design of pre-trial preparation procedures.This paper argues that it is necessary to improve the rules of online evidence presentation and cross-examination,strengthen the openness of trial and case documents,and improve the setup of platform pre-trial preparation procedures at the same time.Finally,this paper introduces the rules of witnesses appear in court online and its existing problems,and puts forward relevant suggestions.It is necessary to perfect the witness identity authentication procedure to solve the problem of witness identity verification online.In order to reduce the adverse impact of witness online appearance on the collection of modal evidence,China needs to standardize the environment of witnesses appear in court online remote testimony.In addition,in order to adapt to the principle that witnesses are not allowed to audit cases,my country needs to improve the hardware facilities for witnesses to testify online.In addition,in order to comply with the principle that witnesses are not allowed to attend cases,China should regulate the environment for witnesses to testify remotely online.Regarding the legislative flaws in the rules for witnesses appearing in court online,China should improve the relevant rules in the future.There is still a problem of dependence on online litigation platforms for witnesses to testify online,and the construction of online litigation platforms needs to be strengthened.