Research On The Protection Of The Parties’ Procedural Rights And Interests In Online Litigation

With the rapid development of network information technology,more and more people engage in activities such as shopping,work,socializing,and learning online,resulting in a large number of online disputes;At the same time,Chinese courts are gradually using online methods for case trials.In fact,as early as 2018,China has successively established three internet courts in Hangzhou,Guangzhou,and Beijing,relying on online trial methods to centrally jurisdiction civil disputes related to the internet.This marks the vigorous development of online litigation,smart courts,and judicial informationization in China.After 2020,affected by the COVID-19,and in order to further deepen the reform of judicial informatization,the Supreme Court will further vigorously promote online litigation services and promote online reform of litigation processes.At present,courts at all levels across the country have become proficient in using online litigation methods to hear various cases,established a relatively complete system of online litigation rules,and made significant progress in software and hardware facilities for online litigation and judicial informatization.However,due to the differences between online litigation and traditional offline litigation in terms of hearing and delivery methods,it inevitably faces some new problems that need to be studied.From the current theoretical research and judicial practice of online litigation,there are still problems such as inadequate understanding of the value of independence in online litigation and insufficient protection of the procedural rights and interests of parties.This article is divided into five parts for research.The first chapter is the introduction section,which introduces the background and current research status of online litigation,mainly elaborating on the current research direction and focus of domestic and foreign scholars on online litigation;Chapter 2 is an overview of the procedural rights and interests of parties in online litigation,defining the concepts of online civil litigation and its procedural value.It elaborates on the necessity of safeguarding the procedural rights and interests of parties in online litigation,mainly reflected in strengthening the parties’ procedural choice rights,procedural participation rights,and individual information protection in online litigation.The third chapter is the current situation and evaluation of the protection of the rights and interests of parties in online litigation.It analyzes the current situation of the protection system of the rights and interests of parties in online litigation,combs out the current judicial application through case studies,and points out the shortcomings of the protection of the rights and interests of parties in online litigation in China at the current stage,including insufficient procedural choice rights,imperfect procedural participation rights,and insufficient protection of personal information rights and interests.Chapter 4 is a comparative analysis of the protection of the procedural rights and interests of parties in extraterritorial online litigation.It mainly focuses on the comparative study of the provisions related to the procedural rights and interests of parties in extraterritorial online litigation.It points out that there are reference points in establishing a unified electronic delivery system and classifying and limiting the parties’ procedural options.Chapter 5 provides suggestions for improving the protection of the procedural rights and interests of parties in online litigation,including refining the types of application of procedural options,granting parties the right to object,and providing relief mechanisms;Improve the electronic delivery and asynchronous trial mode to ensure the right to participate in the proceedings;Strengthen the protection of the personal information rights and interests of the parties involved.