Zhou Hanhua: Meeting the Challenges Posed by Information and Internet Technologies

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Today, traditional theories on legal effect and traditional judicial system are faced with great challenges posed by such development trends as “connecting everything” and “delayering” brought about by information and Internet technologies. Internet courts are a solid attempt made by China to respond to these challenges in the process of modernizing the state governance system and capability. Since there is no precedent of Internet court in the world, China should pay attention to the following issues in the concrete institutional design and operation of Internet courts: (1) making de novo design and breaking the traditional framework. An Internet court should not be the simple addition of the “Internet” to the traditional “court”, but rather the result of a thorough process reengineering and reform of some traditional links of administration of justice, such as the jurisdiction over, the filing and the handling of cases. (2) Taking the voluntary choice of the parties as the basis, avoiding as much as possible hard conflicts with the existing institutions, and achieving the high quality and high efficiency of the trial through the operation of courts. (3)Attaching importance to protecting the interests of the common people and preventing informatization from widening the digital gap and increasing the difficulties of the disadvantaged groups. (4) Creating synergy and making good use of the mechanisms of Internet enterprises. The court system should draw on the institutions designed by Internet companies for the optimization of custom experience. Moreover, currently there is a lack of connecting and supporting mechanisms between various Internet institutions. In the construction of Internet courts, China should try to effective connect various mechanisms, so as to form a synergy, rather than increasing the cost of the linkage between these mechanisms.