Current,The pressure on litigation faced by the court system increases year by year,In 2022, the per capita case processing volume of a member of the Ministry of Minister a member of the country is about 250 cases,Almost doubled compared to ten years ago。For this,On the one hand, the court has reduced the complexity of the program to improve efficiency,On the other hand, I look forward to passing through the source of the source,Practice the solution of non -litigation disputes in the front。The above practice has a certain effect on the resolution of litigation pressure,But the potential of the traditional lawsuit model has been almost consumed。At the same time,There are still a large number of civil disputes that cannot be judged,Among them, the typical consumer financial dispute,Some courts have adopted a "current" approach to such disputes。Many financial institutions are therefore helped to collect companies,and caused various legal risks。Collection of the industry chaos is clustered,Not the appropriate export of such disputes。Balancer as a relationship between social interests and pressure decompression valves for social contradictions,Judicial should be the ultimate solution of such disputes。
Bet365 lotto review
Mode mechanism
In this background,Courts in many areas are exploring,How to quickly deal with such cases that should be treated by judicial but many cases。The idea is to adhere to justice,Bet365 lotto review Effectively guarantee the party's right to appeal; followed by efficiency priority,Taking as little judicial resources as possible to solve as many disputes as possible。Current,There is an effective approach in practice,"Bulk Intelligent Judicial Treatment" mode,Learning also called "online batch trial mode",The practical department, such as the Guangzhou Internet Court, calls it "Classification of Cases Batch System"。This model is mainly aimed at the simple case of cases,With the help of CA (electronic authentication)、Blockchain、AI and other technologies,Use full -process online trial and execution,The general process is as follows。
First,When the parties (such as debit and the lender) sign an agreement online,Third -party institutions involve providing CA certification and blockchain deposit certificate,The electronic protocol that is completed is uploaded directly to the blockchain。or after the dispute,Both parties complete the CA certification and blockchain deposit certificate by supplementing the signing of the online agreement。Acts in the agreement generally agreed to jurisdiction court,To form a centralized jurisdiction of a large amount of contract。The parties can be in the case of the other party's breach,Online prosecution to the agreement court in the jurisdiction agreement,The court completes the batch of cases and delivery by the court online。Next,The court conducted a batch trial by the court through online lawsuits,Trials often adopt online interactive trial methods (asynchronous trial) to improve litigation efficiency。With artificial intelligence technology,The parties bet365 best casino games in the class case、Contract Establishment Time、contract period、Dozens of elements such as liquidated damages will be extracted,Various documents that are automatically established by AI to automatically give birth to the case link and trial link,Judges only need to review the relevant information to complete the referee。Last,The court executes batchization through online ways,Perform the property that can be found on the Internet through the network inspection and control system。
This "batch intelligent judicial processing" mode has achieved a good effect,This mode is adopted by the grassroots courts,Only a small number of staff has dealt with more than 100,000 small cases in one year。Many arbitration agencies have also introduced this model to handle small financial disputes。
"Batch Smart Judicial Treatment"
Mode legitimacy
"Bulk Intelligent Judicial Treatment" mode also faces doubts: online interactive trial constitutes a challenge to the principle of direct words in civil lawsuits,Direct access to the electronic evidence of electronic evidence seems to be empty for the proof of certificates of the traditional trial,Disputes of massive disputes to make the public doubt about the fairness of the referee results。For this,I think,In view of the specificity of the type of dispute in this mode,No need to worry about it will impact the mainstream trial mode。In terms of specific types of disputes,This model is the appropriate choice of judicial organs,With sufficient legitimacy。
First,"Bulk Intelligent Judicial Treatment" mode has the legitimacy that guarantees the exercise of the right to the law of complaints。Compared to the practice of the dispute over the door,bet365 live casino games This model can better guarantee the party's right to appeal。The right to appeal is the right to start the trial of the parties,Observe from a historical perspective,It has a derived status in the civil procedure law。Although there are many doctrines such as "abstract right to vote", "the theory of specific complaints",But no matter what kind of theory can not deny it,When the parties think that their civil rights are invaded,The right to prosecute to the court to start the trial。The state shall guarantee the right to the public,There will be no controversy for this。ACCESS TO Justice, which has emerged globally after World War II,,The emphasis is the effective guarantee of the right to lighter。Although there is no clear principles of privilege protection in the lawsuit of our country or the principle of legal hearing trials,But the concept of justice we adhere to the people can become the theoretical source of the protection of the right to appeal。The starting point and end point of the nature of the people's nature of the people's right to serve the people,If there is no protection of the people's right to appeal,How come the people?
Second,"Bulk Intelligent Judicial Treatment" mode has the legitimacy that guarantees the procedure fair。Procedure problems that may occur in this mode,It is mainly reflected in jurisdiction、Online delivery、Online litigation and other aspects。The courts determined by the agreement are often not the court where the original defendant is located,Maybe someone is worried about whether the relevant cases meet the jurisdiction of the civil lawsuit,But in fact, this is not a problem。In practice,Third -party institutions that provide CA certification and blockchain deposit bet365 Play online games certificate services will set the server uploaded by the electronic signature on the place where the court agreed in the jurisdiction agreement,Therefore, the location of the server constitutes a actual connection point closely related to the contract,The court where the server is located obtained jurisdiction is not suspected of illegal。similar to it,There is no obstacle in the online delivery and online lawsuits in this mode。The agreement signed between the parties often clearly stipulates that online delivery (the phone number and mailbox that agreed to be delivered) and the online asynchronous trial method,Therefore, online delivery and online lawsuits are also legitimate due to the consent of the parties。
third,"Bulk Intelligent Judicial Treatment" mode has the legitimacy of ensuring the fairness of the entity。On the question of evidence,The use of the pre -front CA technology and blockchain technology,It can guarantee that "the plaintiff and the defendant himself signed the contract" and "the contract is not tampered with after the chain"。From this,The authenticity of the form of electronic contracts (non -fake) is fully guaranteed。In practice,The authenticity of evidence is mainly concentrated in the authenticity level。From this,Under the premise of the technical guarantee of the authenticity of the evidence,The omission of the traditional proof and certificate link is taken for granted,The final physical referee also has a solid foundation for evidence。Of course,This batch processing does not exclude the substantial and authentic dispute over evidence (such as fraud、coercion and other situations),Naturally, the judge needs manual Bet365 lotto review intervention。other,This mode is processed with high similarity、Adopt a format contract、Types dispute with simple legal relationship,With the help of AI technology, the core element of disputes can be appropriately extracted,As a result, a fair referee result。Even in a loan dispute,AI calculate overdue interest and liquidated damages is efficient and accurate,better than the judge's manual calculation。
Of course,"Bulk Intelligent Judicial Treatment" mode is not impeccable。First,AI's recognition ability is limited,The parties who are sleepy in life may be contrary to the limited principles of implementation of the implementation of the implementation of the law,Therefore, it is necessary to properly judge the situation of the judge's intervention,and determine how the judge intervenes。Next,This model pays too much attention to the "legal solution" of the dispute rather than "the solution of the intention",Therefore, in the specific operation, you need to cooperate with the mediation agency outside the court,Therefore, those who are more suitable for the disputes that are more suitable for mediation。Last,This model is still in the exploration stage,The practice departments of various places are not uniform。So,Looking forward to the Supreme People's Court can investigate extensively、Make argument、Pilot pilot,and issued related standardized documents,Promote the "Bulk Intelligent Judicial Treatment" model further standardization and institutionalization。
(The author is a professor at the School of Law of Zhongnan University of Economics and Law)
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