互联网法院管辖规则评述

Commentary on the Jurisdiction Rules of the Internet Court

作为司法改革与制度创新的产物,互联网法院对于依法治网和推动实施网络强国战略发挥了积极作用,但也面临一定的困境和挑战。管辖问题是互联网法院面临的疑难问题之一,在规则设置方面存在尚待改进之处。具体而言,尚欠缺明确法律依据的集中管辖可能与既有管辖规则产生冲突,疏于抽象的管辖规则可能导致互联网法院管辖范围理解的分歧进而造成适用的困难,而过于便民的受案范围可能导致互联网法院职能难以得到充分的发挥。为推动互联网法院的发展,助力其成为互联网时代司法的先驱者,管辖规则应尽快予以优化。

The Internet Court is the creature of judicial reform and institutional innovation. It has played an positive role in ruling the network under the rule-of-law principles and promoting the implementation of the network power strategy. However, it still faces certain difficulties and challenges. Jurisdiction rules is just one of the them, which need to be improved. Specifically, centralized jurisdiction lacking of clear legal basis may conflict with the existing rules of jurisdiction. Lack of abstraction may lead to misunderstanding of the jurisdiction of Internet courts, causing difficulties in application. The scope of accepting cases that is too convenient for people may make it difficult for Internet court to bring its functions into fullplay. In order to stimulate the development of the Internet Court and help it to become the pioneer of justice in the Internet era, the jurisdiction rules should be optimized as soon as possible.