在线诉讼对传统诉讼规则的挑战与应对

Online Litigation Challenges and Countermeasures to Traditional Litigation Rules

随着互联网技术的发展,线上诉讼也逐渐发展起来,从小部分地区的小规模实践到现在的全国范围内的推广,在线诉讼制度不断完善。但是,在线诉讼与传统诉讼之间的矛盾也日益凸显。主要表现在:非见面式的庭审对直接言辞原则的挑战,在线诉讼对传统证据规则之间的矛盾,以及远程参审的模式也对传统的属地管辖制度带来挑战等。因此,为应对上述挑战,重塑传统诉讼规则,赋予直接言辞原则在新时代下的新内涵、对传统证据规则做新调整、探索与地域相分离的管辖制度,以期推动在线诉讼的发展。

With the development of Internet technology,online litigation has also gradually developed.From small-scale practice in some areas to the current nationwide promotion,the online litigation sys-tem has been continuously improved.However,the contradiction between online litigation and traditional litigation has become increasingly prominent.The main manifestations are:the chal-lenge of non-face-to-face trial to the principle of direct speech,the contradiction between online litigation and traditional evidence rules,and the challenge of remote trial mode to the traditional territorial jurisdiction system.Therefore,in order to deal with the above challenges,the tradi-tional litigation rules are reshaped,the principle of direct speech is given new connotation in the new era,the traditional evidence rules are adjusted,and the jurisdiction system separated from the region is explored,so as to promote the development of online litigation.