互联网法院的程序法困境及出路

互联网法院借助互联网技术审理特定类型的涉互联网案件,以全流程在线办理为原则,改变了诉讼行为发生的时空条件.互联网法院在现阶段面临的程序法困境主要包括设立依据有违法定法官原则、管辖范围的界定不够妥当、在线庭审的规则创新冲击民事司法之基本原则、诉讼规则忽视对当事人处分权和平等权的保障等方面.从立法上明确互联网法院的试点法院...

The Dilemma and Outlet of Internet Court Procedural Law

Internet courts use internet technology to hear specific types of internet-related cases and take the whole process of online processing as the principle,which has changed the time and space conditions for litigation.The procedural law dilemmas faced by internet courts at this stage mainly include the establishment of a basis that violates the principle of statutory judges,the inadequate definition of jurisdiction,the innovation of online court trials and the impact of the basic principles of civil justice,and the ignorance of litigation rules on the right to dispose of and equal rights to parties security and other aspects.It’s a reasonable choice to solve the dilemma of the existing procedural law of internet courts by clarifying the nature of the pilot courts of internet courts,scientifically setting the boundary between internet courts and ordinary courts in the jurisdiction of internet-related cases,resolve the contradiction between online trial and directness and verbalism principle,improving the rules of online litigation and granting the parties the right of procedural choice.