Internet courts in the 1.0 era achieved initial success in"online trial"and facilitation of the people's access to judicial services,yet lacked the particularity that special courts should have in terms ...Internet courts in the 1.0 era achieved initial success in"online trial"and facilitation of the people's access to judicial services,yet lacked the particularity that special courts should have in terms of organization,cases and procedures,making them difficult to fulfill the function of governance of network society.Compared with rule and management,governance has the features of decentralization,broad scope,and co-construction of rules.Features of network society are in line with the structure of social governance theory.To fulfill their function of governance of network society,internet courts in the 2.0 era,as the integrator of multiple centers and cyberspace as well as the analyzer of internet rules,need to improve in terms of organization,cases and procedures:In terms of organization,consider upgrading internet courts to be intermediate courts and identifying them as cross-region courts in cyberspace;in terms of cases,redefine the essence and extension of"online cases"with elements including wholly cyberspacerelated civil and commercial dispute resolution,new business format management on internet platforms,and governance of data-related rights;and in terms of procedures,improve Internet courts'case selection procedures,judgement effect extension procedures,investigation procedures for independent evidence collection of internet cases,and automatic enforcement procedures ensuring the instant enforcement of judgment,so as to promote a mature and complete legal framework for cyberspace governance.展开更多
The trans-administrative regional(trans-regional)court was created as part of China’s judicial reforms in 2014.Thus far,only two trans-regional courts have been established,namely the Shanghai No.3 and Beijing No.4 I...The trans-administrative regional(trans-regional)court was created as part of China’s judicial reforms in 2014.Thus far,only two trans-regional courts have been established,namely the Shanghai No.3 and Beijing No.4 Intermediate People’s Courts.An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that(1)it is neither a specialized court that hears certain types of cases,(2)nor a local court established completely in keeping with administrative divisions.Therefore,the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts.Several models,namely the independent set-up model,full reshuffling model and limited transformation model,have been proposed for the establishment of trans-regional courts.The most practical and efficient among these models is the limited transformation model,aiming to reconstruct the existing railway transportation courts.The trans-regional courts may have exclusive,alienage,or supplemental jurisdiction.Each form addresses particular types of special and major trans-regional cases,and other cases based on the theory of consolidation.展开更多
In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Co...In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.展开更多
基金This article is the mid-term research result of the project"Systematic Research on Types of Litigation"of the National Social Science Fund of China(No.20BFX085).
文摘Internet courts in the 1.0 era achieved initial success in"online trial"and facilitation of the people's access to judicial services,yet lacked the particularity that special courts should have in terms of organization,cases and procedures,making them difficult to fulfill the function of governance of network society.Compared with rule and management,governance has the features of decentralization,broad scope,and co-construction of rules.Features of network society are in line with the structure of social governance theory.To fulfill their function of governance of network society,internet courts in the 2.0 era,as the integrator of multiple centers and cyberspace as well as the analyzer of internet rules,need to improve in terms of organization,cases and procedures:In terms of organization,consider upgrading internet courts to be intermediate courts and identifying them as cross-region courts in cyberspace;in terms of cases,redefine the essence and extension of"online cases"with elements including wholly cyberspacerelated civil and commercial dispute resolution,new business format management on internet platforms,and governance of data-related rights;and in terms of procedures,improve Internet courts'case selection procedures,judgement effect extension procedures,investigation procedures for independent evidence collection of internet cases,and automatic enforcement procedures ensuring the instant enforcement of judgment,so as to promote a mature and complete legal framework for cyberspace governance.
文摘The trans-administrative regional(trans-regional)court was created as part of China’s judicial reforms in 2014.Thus far,only two trans-regional courts have been established,namely the Shanghai No.3 and Beijing No.4 Intermediate People’s Courts.An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that(1)it is neither a specialized court that hears certain types of cases,(2)nor a local court established completely in keeping with administrative divisions.Therefore,the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts.Several models,namely the independent set-up model,full reshuffling model and limited transformation model,have been proposed for the establishment of trans-regional courts.The most practical and efficient among these models is the limited transformation model,aiming to reconstruct the existing railway transportation courts.The trans-regional courts may have exclusive,alienage,or supplemental jurisdiction.Each form addresses particular types of special and major trans-regional cases,and other cases based on the theory of consolidation.
文摘In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.
