中国电子诉讼制度构建的法律基础

• 발행기관: 한국민사소송법학회
• 저자명: 王福华
• 간행물 정보: 『민사소송』제23권 제1호, 247~270쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.02.28

영문 초록

The rapid development of information and communication technology(ICT), the surge of e-commerce, and the development of e - government have led to increasing use of telecommunication technology in civil litigation. As a result, the electronicization of civil justice came into being. Currently, there are no technical difficulties in the digitization and onlineization of civil litigation, and the internet, web browser, and e-mail are already widely used in electronic litigation. But the question is to what extent and in what range can the information and communication technology and the proceedings be combined. In China, electronic litigations are spreading in two ways. The first is the Internet Court. On January 18, 2017, China established the Hangzhou Internet Court, and is solving online disputes through the Hangzhou Internet Court litigation platform. In accordance with the “Hangzhou Internet Court Litigation Platform Rules,” the following rules apply: (1) contract disputes regarding online shopping, online services, micro-finance loans, (2) online copyright attribution and infringement dispute, (3) online personality rights infringement dispute, (4) online shopping product liability dispute, (5) internet domain dispute, (6) administrative dispute arising from online administrative administration, (7) other online-related civil or administrative disputes designated by Superior People’s Court. In addition to Hangzhou, Beijing and Guangzhou will also start Internet courts. The second is electronic litigation in the general sense. These electronic lawsuits are an integrated concept of virtualization, digitization, and paperless litigation, and all courts can be said to be practically electronic courts. This includes internal electronic courts in terms of internal case management, as well as external electronic courts aimed at exchanging legal services between the parties and the courts. In China, the Civil Procedure Act of 2013 and the Judicial Interpretation of Civil Procedure Law of 2015 provide an electronic service system and a video trial system, and the first electronic court is established in the Jilin Province People s Court from 2015. This paper discusses the compliance of traditional principles of civil procedures in the Internet Court and electronic litigation.

목차

一. 中国电子诉讼制度构建的价值考量

二. 电子诉讼立法论：立法再造与司法解释

三. 电子诉讼功能论：阶段化与全程化电子诉讼

四. 结语

키워드

전자소송 인터넷법원 온라인법원 온라인분쟁 정보통신기술 electronic litigation internet court online court online dispute ICT