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학술논문동아법학2024.05 발행

중국 인터넷 비동기 심리 규칙의 보완에 관한 고찰

A Study on the Improvement of China’s Internet Asynchronous Hearing Rules

张光君(Southwest University of political science & law); Liu Yejin(서남정법대학교 최고인민법원 응용법학 연구기지 조교 연구원)

103호, 125~168쪽

초록

China's Internet asynchronous hearing is characterized by breaking the constraints of time and space, with the court, parties, and other litigants concluding their cases asynchronously through online litigation platforms. This major judicial innovation represents a worldwide advancement in the efficiency and facilitation of litigation. China's Internet asynchronous hearing Rules provide legal guidance for the conduct of asynchronous hearings and include all phases of litigation both before and after. At present, China's Internet asynchronous hearing Rules are still in the stage where practice drove theoretical development. How to improve the Internet asynchronous trial rules is one of the major topics of the current innovation of Internet justice. The first section of this essay combs the current state of China's Internet asynchronous hearing Rules while also analyzing their existing inadequacies of them in different regions. Secondly, by analyzing the ideal model of China's Internet asynchronous hearing Rules, it is essential to point out the conflicts between current practice and theory and explore the best model of Internet asynchronous hearing. Finally, a realistic choice is made to address the existing problems in China's Internet asynchronous hearing Rules, so that Internet asynchronous hearing can be increasingly standardized and provide a pioneering experience for Internet justice innovation in the coming.

Abstract

China's Internet asynchronous hearing is characterized by breaking the constraints of time and space, with the court, parties, and other litigants concluding their cases asynchronously through online litigation platforms. This major judicial innovation represents a worldwide advancement in the efficiency and facilitation of litigation. China's Internet asynchronous hearing Rules provide legal guidance for the conduct of asynchronous hearings and include all phases of litigation both before and after. At present, China's Internet asynchronous hearing Rules are still in the stage where practice drove theoretical development. How to improve the Internet asynchronous trial rules is one of the major topics of the current innovation of Internet justice. The first section of this essay combs the current state of China's Internet asynchronous hearing Rules while also analyzing their existing inadequacies of them in different regions. Secondly, by analyzing the ideal model of China's Internet asynchronous hearing Rules, it is essential to point out the conflicts between current practice and theory and explore the best model of Internet asynchronous hearing. Finally, a realistic choice is made to address the existing problems in China's Internet asynchronous hearing Rules, so that Internet asynchronous hearing can be increasingly standardized and provide a pioneering experience for Internet justice innovation in the coming.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.31839/DALR.2024.05.103.125
분류:
법학

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중국 인터넷 비동기 심리 규칙의 보완에 관한 고찰 | 동아법학 2024 | AskLaw | 애스크로 AI