后疫情时代的在线诉讼:路向何方

Online Litigation in the Post-Epidemic Era:Where to Go

在后疫情时代,在线诉讼的实践运行样态较疫情发生初期显现出较大变化。实证考察发现,其主要表现为适用率整体下降、适用范围相对缩小,阶段型适用模式逐渐取代原有全流程型为主导的适用模式等。由此可见,在线诉讼的适用深受疫情形势变化的影响,当疫情趋于缓和时,在线诉讼的适用率便开始缩减。据此,我们易将在线诉讼仅视为配合疫情防控需要的权宜之计,但事实上,在线诉讼实践的效果性及运行机制的完整性都决定了其本身所具有的独立性,这在一定程度上意味着其可能成为未来司法实践中的主流。至于我国在线诉讼的远景,或许不是采取域外学者认为的颠覆性进路,而应当以司法实践者的需求为导向并始终秉持一种积极、审慎的态度,在不断试错的基础上稳步前进。

In the post-epidemic era,the practice of online litigation has changed significantly compared with the initial stage of the outbreak.The empirical study shows that the application rate decreases,the scope of application is relatively narrow,and the phased application mode gradually replaces the original full-process mode.It can be seen that the application of online litigation is greatly affected by the changing situation of the epidemic.When the epidemic tends to ease,the application rate of online litigation begins to decrease.Therefore,it is easy to regard online litigation as a temporary measure to meet the needs of epidemic prevention and control.However,in fact,the effectiveness of online litigation practice and the integrity of its operation mechanism determine its independence,which to some extent means that it may become the mainstream of future judicial practice.As for the prospect of online litigation in China,it may not take the subversive approach considered by foreign scholars,but should be guided by the needs of judicial practitioners,always upholding a positive and prudent attitude,and making steady progress on the basis of constant trial and error.