Civil Prosecutorial Supervision of Online Litigation:Justification and the Approach to Institutionalization
The digitalized judicial reform decided by the digitalized mode of production has prompted such a new form as civil prosecuratorial supervision of online litigation.The embedding of civil prosecuratorial supervision in online litigation is not only the logic result of the digitization of litigation structure,but also helps realize the function of prosecuratorial supervision of litigation procedures.Online litigation has new characteristics such as the spacial and temporal shift,the absence of tangible elements,and emergence of technical barriers,and objectively requires the civil prosecuratorial supervision to be technologically and procedurally matching.At present,as a new proposition of prosecuratorial supervision,it is necessary to examine the current civil prosecuratorial supervision of online litigation in details from the dimensions of concepts,norms and practice,so as to promote it to enter the vision of theoretical view for exploring the probable approach in the future.From the conceptual dimension,it is necessary to shape technological empowerment into a carrier that promotes the concreteness of the underlying logic;from the normative dimension,it is necessary to adapt to the characteristics of online litigation,clarify the emphases of prosecuratorial supervision and introduce the concept of due process to optimize specific rules;from the practical dimension,it is necessary to focus on the adaptive construction of big data supervision platforms and algorithm models to provide sufficient technological support for comprehensively improving the quality and efficiency of prosecuratorial supervision of online litigation.
Digitalized Production LogicOnline LitigationCivil Prosecuratorial SupervisionTechnology EmpowermentLegal Supervision of Big data
万方数据
维普
