When entering the Internet court, Internet elements can be seen everywhere: the online consultation machine can connect with the judge in real time, the self-service equipment in front of the litigation guidance desk can help the parties scan all kinds of materials, and the judges in the court can hold online sessions with distant parties through the big screen. ...
Online trials take an average of 28 minutes.
20 17 12 19 The case that Zhejiang Broadcasting Group sued "Migu Video" and "Migu Culture" for infringing the information network communication right of Running Brothers (Season 3) was pronounced in Hangzhou Internet Court. Compared with other courts, the layout of the sentencing scene is very special. The court has no dock in the original trial. The judges of the collegiate bench face a big screen, and both the original defendant and the defendant sit in front of their respective computers.
Previously, Hangzhou Internet Court sorted out the case evidence in advance, summarized the focus of disputes, determined uncontroversial facts, simplified the trial of difficult and complicated cases through online pre-trial meetings, and completed the trial of cases through online trials.
This is a microcosm of the trial of cases since the Hangzhou Internet Court was officially unveiled. From May 20 17 to February 3/7/2018, Hangzhou Internet Court accepted 4,825 cases and concluded 3,422 cases, with an online filing rate of 85%, a first-instance judgment rate of 98.5% and an average trial time of 48 days.
"We have done statistics. The average trial days of online trial are 32 days, and the average trial days of offline trial are 6 1 day. The online trial took an average of 28 minutes, of which 62.35% took an average of 17 minutes, and the offline trial took an average of 68 minutes. Overall, the online trial mode has greatly improved the trial efficiency. " Du Qian, president of Hangzhou Internet Court, said.
In Hangzhou Internet Court, the whole process of prosecution, filing, service, giving evidence, trial and judgment is online, and any litigation steps of litigation participants are recorded continuously in real time, so the parties can complete the litigation with "zero transit time" and "zero travel expenses".
"Someone once said that lawyers are either in court or on their way to court, suffering from fatigue. But now, the case has reached the Internet court in Hangzhou, and you can sit at home or in a law firm to attend the trial. The litigation platform is widely embedded with intelligent applications, and the information of the parties can be checked every second. Online transaction process and form data evidence are imported with one click, and legal cases are pushed intelligently, which greatly improves work efficiency. " Wu Xuhua, a lawyer in Hangzhou Branch of Yingke Law Firm, said that the case of Hangzhou Internet Court has been kept, and you can check it at any time, so you don't have to worry about "trusting relationships" or "going through the back door". Take out your mobile phone and watch the trial live. The trial of the case is supervised by the whole people, and everyone can "find fault".
"This is the performance of enhancing judicial public trust with judicial self-confidence. Hangzhou Internet Court not only makes justice not absent, but also within reach. " Wu Xuhua said.
Break through time and space barriers and realize judicial convenience.
"Online trial of online disputes" and "online settlement of online disputes" are the orientation of Hangzhou Internet Court and the embodiment of judicial initiative to adapt to the Internet age.
With the penetration of the Internet into thousands of households and integration into all aspects of social life, there are more and more disputes related to the Internet. Under the traditional judicial mode, the parties need to go to court many times, and some have to go to other places to sue and respond, which consumes a lot of time, energy and money. No wonder some people think it's "unsafe to get into a lawsuit." Some people are not satisfied even if they win the lawsuit. The reason lies in the heavy burden of litigation.
The data shows that the top three cases accepted by Hangzhou Internet Court are: online shopping product liability dispute, online copyright infringement dispute and online shopping contract dispute. More than 80% of the parties sued for less than 30,000 yuan.
"Compared with traditional civil disputes, online disputes are more special: the parties are often not in the same city or even thousands of miles apart. Some internet companies spend a lot of travel expenses every year to go to various places to respond to lawsuits. Going back and forth to court is time-consuming and laborious, and the pay is often more than the harvest. " Du Qian said.
The Internet Court of Hangzhou once tried a case, in which the plaintiff Fan bought 15 boxes of facial mask in the online shop opened by the defendant Zheng, but his family and relatives had skin allergy symptoms after using it. Fan believes that the product is an imported product, but there is no import inspection and quarantine certificate, and there is no approval for importing special-purpose cosmetics. Without a general agent or importer, it belongs to the "three no products". He sued the court, demanding that the defendant refund the purchase price 1270 yuan and pay 10 times the compensation12,700 yuan.
The defendant Zheng was born in Taiwan Province Province and actually lives in Taiwan Province Province. The goods were shipped from Taiwan Province Province. With Zheng's consent, Hangzhou Internet Court heard the case online. After the court, the two parties settled and the plaintiff withdrew the lawsuit.
"According to the traditional trial mode, I don't know how much time and energy will be spent on the delivery and trial of cross-strait litigation, and the litigation cost far exceeds the applied 1 10,000 yuan." The party fan said.
In Internet cases, a large amount of evidence exists in the form of electronic data, which is more convenient and intuitive to present online. Hangzhou Internet Court can directly import the transaction data of the parties into the litigation platform as evidence by docking the transaction data of the e-commerce platform. The intelligent push system pushes similar cases to the parties, helping the parties to form a legal and reasonable prediction of their own case results and reducing the psychological gap. After entering the platform, the parties can complete all litigation processes such as prosecution, mediation and trial with a click of the mouse, which is not only convenient and efficient, but also safe and intelligent.
Gather the latest achievements in the construction of "smart courts"
A case tried by Hangzhou Internet Court is regarded as a classic case in dealing with the problem of "professional claimant" by the industry.
Plaintiff Li bought 2 boxes and 3 boxes of Kweichow Moutai 53-degree Maotai-flavor liquor from Defendant Hao's Taobao shop, and paid the payment of 9000 yuan and 13500 yuan respectively. During the trial, the plaintiff claimed that the products involved were counterfeit brands and requested the court to identify the products involved.
The judge searched related cases through big data and found that the plaintiff Li bought 30 bottles of the same product in other Taobao stores, paid the price of 1.9 million yuan, and appealed to the court for the same reason.
Through big data analysis, the judge believes that the number of products involved in Li's purchase is too short and too much, and the price of the products involved is unreasonably low. Based on the comprehensive judgment, the purpose of Li's purchase of the products involved is not for the needs of daily consumption, but purely for profit. Purpose, not "consumer" as stipulated in the Consumer Protection Law, is not applicable to punitive damages only applicable to consumers.
In Hangzhou Internet Court, the latest achievements in the construction of "Smart Court" are gathered. "Through the Internet, big data and other means to find out the facts efficiently, intelligent tools can reduce the mechanical work and repetitive work of judges and improve the efficiency of handling cases." Judge Huang Wei said. As the first Internet court in China and even in the world, Hangzhou Internet Court also shoulders the heavy responsibility of "experimental field".
In Xin Huang's view, for simple cases, the time spent on the case is shorter, but the handling quality is higher and there are fewer mistakes. Judges have more energy to devote to the trial of difficult and complicated cases and have a sense of honor. With the specialization of Internet trials, judges can strengthen specialized trials of complex and new types of Internet cases and big data analysis and research of Internet disputes, which will help judges enrich and improve Internet-related procedures and substantive rules through trials and strengthen judicial guidance on Internet development and governance.
"We will design a set of judicial rules and litigation procedures that adapt to the Internet model to help ordinary people solve new disputes on the Internet with low cost and high efficiency; Standardize and guide online platforms to formulate autonomy rules, integrate and create litigation rules that adapt to the development of the Internet, prevent and resolve legal risks of various online transactions, purify cyberspace, and reduce the cost of network rights protection; Reengineering the whole process of existing litigation, formulating a set of standardized and structured new Internet trial methods, and providing replicable and scalable experience for Internet trials in national courts. " Du Qian said.
The establishment of Hangzhou Internet Court is a landmark event in the judicial field, but it is not the end. The five-month operation experience shows that grasping the pulse of the times, meeting the needs of the masses and adapting to the national conditions of China, there will be more and more landmark new things in the judicial field, and the ability of judicial services to ensure economic and social development will become stronger and stronger.