Study On Civil Online Litigation System

The arrival of artificial intelligence and big data has given birth to a large number of emerging things,changing the form of social development and injecting new vitality into judicial work.The active application of artificial intelligence,big data and other digital information technologies in the judicial field is an inevitable requirement to promote the modernization of the construction of the rule of law,as well as an inevitable requirement to realize the digital reform in the judicial field.Civil online litigation system is the product of digital reform in the judicial field.It improves the efficiency of judicial trial and conforms to the judicial concept of high efficiency and convenience,but it will inevitably lead to litigation activities from a single physical entity space to open network virtual space,break the traditional judicial concept,and bring a series of challenges to the popularity of civil online litigation system.It has become a hot topic to study the civil online litigation system,ensure the realization of the litigant’s right,improve the court’s handling efficiency and perfect the procedure law system.This paper is divided into four chapters: Chapter one describes the concept,characteristics,value and evolution of civil online litigation.Civil online litigation is a general term for the litigation activities carried out by judges,parties and other participants relying on Internet information technology based on the consent of both parties.It has the characteristics of high efficiency and convenience,fair and open,ritualistic and so on.This paper explores the origin and development of civil online litigation,analyzes its functional values of high efficiency,convenience and promoting justice,and provides relevant theoretical basis for the subsequent research on civil online litigation.The second chapter is the overseas civil online litigation system investigation and enlightenment.This paper investigates the relevant civil online litigation systems of Britain,Germany,Japan,Russia and other countries,analyzes the common and unique procedures adopted by these four countries for the digital reform of the judiciary,and finds that the development of civil online litigation has been the general trend,and the specific application practice of overseas trial service center,trial AI and other technologies in the judicial field.It has certain enlightenment for deepening the construction of civil online litigation service platform and the development of trial artificial intelligence.The third chapter is about the status quo and problems of civil online litigation system.From the current legislative situation and local judicial practice status,there are still many problems in the application of online litigation,mainly manifested as the local judicial practice is not standardized,the scope of application of online litigation is not clear,the party’s procedural choice relief mechanism is lacking,insufficient risk prevention and other problems,so that the widespread application of civil online litigation faces certain difficulties.The fourth chapter is the suggestion of perfecting the civil online litigation system.Based on the actual conditions of our country,on the basis of learning from other relevant experiences,mainly focusing on the problems analyzed in the third part,we put forward some suggestions from the legislative level,including clarifying the applicable rules of online litigation specific system and constructing the remedy mechanism of party procedure option.From the level of judicial practice,the establishment of online dispute service center and other suggestions From the level of risk prevention,suggestions are put forward to optimize infrastructure construction and avoid the risks of artificial intelligence algorithm judgment technology,so as to better promote the popularization of civil online litigation system.