Push­ing for­ward re­forms

ChinAfrica - - Cover Story -

As an en­tirely new en­deavor, In­ter­net courts have no prece­dent, and there­fore face chal­lenges in in­sti­tu­tional de­sign and real op­er­a­tion.

“The de­sign should break with tra­di­tional in­sti­tu­tions and solve real prob­lems aris­ing from the In­ter­net in an orig­i­nal way. It is not just the In­ter­net plus a tra­di­tional court, but cre­at­ing a new pro­ce­dure to han­dle law­suits from ju­ris­dic­tion to case fil­ing and hear­ing,” said Zhou Han­hua, a re­searcher with Chi­nese Academy of So­cial Sciences (CASS).

The au­then­ti­ca­tion of ev­i­dence col­lected from on­line plat­forms is hard to guar­an­tee. “An on­line trans­ac­tion in­volves the seller, the buyer and the plat­form. But all of the data that can be used as ev­i­dence are gen­er­ated and con­trolled by the plat­form; even the pro­fes­sional ac­cred­i­ta­tion agency finds it dif­fi­cult to tell whether they are fake or not,” said Yang Ming, Deputy Di­rec­tor of the In­ter­net Law Cen­ter with Pek­ing Univer­sity.

He sug­gested that mech­a­nisms to en­sure the im­par­tial­ity of the third-party plat­form should be put in place. “The data ports of the court, on­line plat­form and ac­cred­i­ta­tion agency can be con­nected,” Yang added.

The lat­est re­port re­leased by China In­ter­net Net­work In­for­ma­tion Cen­ter showed that China had 751 mil­lion In­ter­net users by the end of this June. Of China’s 1.38 bil­lion pop­u­la­tion al­most half have no ac­cess to the In­ter­net. “The new court is for or­di­nary peo­ple. Those who are un­fa­mil­iar with the In­ter­net should also be con­sid­ered,” said Zhou.

Li Lin, Di­rec­tor of the In­sti­tute of Law with CASS, be­lieved that set­ting up an In­ter­net court showed the di­rec­tion for China’s ju­di­cial re­form. “It is rev­o­lu­tion­iz­ing tra­di­tional ju­di­cial phi­los­o­phy, and the meth­ods of hear­ing and trial. New tech­nolo­gies of big data, cloud com­put­ing and ar­ti­fi­cial in­tel­li­gence can be ap­plied to the ju­di­cial sys­tem to op­ti­mize and reg­u­late the pro­ceed­ings,” he said.

Newspapers in English

Newspapers from China

© PressReader. All rights reserved.