Research On Asynchronous Trial Of Civil Online Litigation

Asynchronous trial of civil online litigation is a new trial mode of Internet justice.It has procedural legitimacy,and conforms to the value of procedural justice and efficiency.In practice,the application scope of asynchronous trial is narrow,the application conditions are strict,and the rules of procedure operation are not perfect,which reduces the procedural rights of the parties in the process of trial,such as the right to choose procedures,the right to participate,the right to know,the right to state,the right to prove,the right to relief,and so on,leading to the asynchronous trial not giving full play to its due procedural value.In essence,it is the contradiction between the basic principle of asynchronous trial and the traditional principles of civil procedure law,such as the principle of verbal trial,the principle of centralized trial and the principle of debate.Therefore,in order to meet the judicial needs of the new era,the connotation of the traditional principles of civil procedure law should be innovated.Looking abroad,the United Kingdom,Singapore and Canada have gained some practical experience in asynchronous dispute resolution procedures and the protection of the procedural rights of the parties,especially in the application of standards,the distinction of litigation subjects,special protective measures,oral debate forms,etc.Combined with China’s national conditions and judicial status quo,the improvement path of asynchronous trial can be launched from three aspects: applicable elements,procedural structure and objection mechanism.In terms of applicable elements,distinguish professional and non professional litigation subjects,appropriately relax the applicable conditions and expand the scope of application.In terms of procedural structure,we should improve the risk notification mechanism,implement the pre-trial evidence exchange and dispute sorting system,enrich the oral debate form,follow the legal court trial sequence,clarify the negative conditions of procedure conversion,balance the contradiction between judicial openness and platform tightness,etc.In the objection mechanism,the subject,object,time and method of exercising the procedural objection right should be implemented.In a word,the asynchronous trial must guarantee the procedural value of the parties as well as the procedural interests of the parties to the greatest extent.