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Construction of Internet Court in China:Inspection and Prospect

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (25), pp.39-59
  • DOI : 10.31839/ibt.2019.04.25.39
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 5, 2019
  • Accepted : April 23, 2019
  • Published : April 30, 2019

YANG TAO 1 LIU SHUILIN 1

1중국상해재경대학

Accredited

ABSTRACT

The predicament of network governance caused by “network-related disputes” brought about by the development and prosperity of the Internet has prompted Internet courts to be first to build in China. The exploration of Internet courts has gone through two stages and formed useful experience. However, neither of these two stages of exploration has clearly defined the basic positioning, construction methods and peripheral boundaries of Internet courts, which makes the exploration of Internet courts in China seem scattered and blind. In the future, the construction of Internet courts in China should face up to the above problems, clarify the exclusive jurisdiction of Internet courts over “internet-related disputes”, and sort out the unique functions and positioning of Internet courts. Furthermore, we should adhere to the Internet thinking in the construction of Internet courts, break the shackles of traditional judicial concepts with Internet thinking, and guide the construction of Internet courts. In addition, we should also pay attention to the boundaries of the Internet court system and use the judicial publicity mechanism to confront the court's powers in the Internet courts, so as to guarantee the restraint of litigantism on the Internet courts.

Citation status

* References for papers published after 2023 are currently being built.