On the Forms and Guarantees of the Parties'Choice of Procedure in Online Trial
The Civil Procedure Law stipulates that online litigation must follow the principles of voluntariness and legali-ty,with the condition of"obtaining the consent of the parties",and cannot be forced or indirectly forced.According to judicial interpretation,online court proceedings should be applied unless all parties explicitly object or if one par-ty objects with valid reasons.There seems to be a normative conflict and self contradiction between the disguised co-ercion of online court trials in the judiciary and the voluntary principle of online litigation in legislation.This contra-dictory program design is disproportionate to the position of online court proceedings in the entire online litigation,and can easily infringe on the procedural and substantive rights and interests of the parties involved.In the form of"party consent",online court proceedings should not be set with more lenient conditions than online litigation.On-line court hearings should be actively chosen by the parties involved,and provide practical procedural guarantees for the exercise of their right to choose procedures,in order to demonstrate the status of the parties as the subject of the proceedings and further enhance the legitimacy of online court hearings.
NETL
NSTL
万方数据
