“互联网+”时代英国的家事审判改革及对我国的借鉴与启示

The Family Justice Reform in the United Kingdom during the Age of “Internet Plus” and Its Reference and Enlightment on China

信息技术的发展为家事审判提供了机遇和挑战,如何在"互联网+"时代推进家事审判改革、提升法院的信息化水平成为备受关注的问题。21世纪以来,信息化水平提升是各国家事审判改革面临的普遍性问题。英国2011年进行了家事司法审查,并自2014年以来实行家事审判改革。一方面,英国通过数字化诉讼程序立法和试点提升数字化应用水平;另一方面,探索在线法院建设,推进审判方式创新。英国家事审判改革中的信息技术更新,旨在推进案件审判效率的提升及接近正义目标的实现,虽然取得一定成果,但在实践中也存在不少争议。在"互联网+"时代,数字化应用和信息技术提升成为各国法院推进司法改革的重要途径和手段。实际上,提升信息化水平是21世纪家事审判改革的必由之路,但就信息技术更新的具体路径而言,则需要根据家事审判的具体实践作出判断。借鉴英国经验,我国家事审判改革应注意几方面:其一,借鉴智慧法院建设的有利成果,加强数字化建设;其二,正确认识信息技术在家事审判改革中的作用,判断信息技术更新的可行性;其三,恪守家事司法系统的原则,坚持家事审判改革的目标;其四,探索多元化信息技术更新方式,改良与创新相结合。推进以信息技术更新为途径的家事审判改革,是我国家事司法系统在"互联网+"时代的必要探索。

The development of Information Technology has provided both opportunities and challenges for the family justice system. However, how to improve the level of IT of the court in the era of ＂Internet Plus＂ becomes a great concern. Actually, it is a universal issue in the 21st century. The United Kingdom reviewed its family justice system in 2011, and has carried out family justice reform since 2014. On the one hand, with the legislation and pilot of the digital litigation procedure, UK has made progress in the development of digital level; on the other hand, the construction of online court has also been explored by UK to promote the revolution and innovation of the way of trial. The updating of IT and digital construction in British family justice system aim at promoting the efficiency of trial and achieving the goal of justice. Although it has achieved progress to a certain extent, there are some arguments as well. In the era of Interact plus, digital application and the development of 1T are quite important. It is an essential way to carry out the family justice reform to improve the level of IT. However, the specific path of renewal should be based on the practice of family justice system. Nowadays, China has pushing forward the family justice reform. There are some aspects which need to be explored. Firstly, it is advisable to learn from the advantages of intellectual court and enhance the digital construction. Secondly, the correct understanding of the role of updating IT in the family justice reform and its feasibility is important. Thirdly, it is advisable to abide by the principles of family justice system and the goals of family justice reform. Fourthly, exploring a wide range of ways to update IT as well as combining improvement and innovation are important. It is quite necessary to update IT to promote the improvement of family justice system in the era of ＂Internet Plus＂.