On the Right of Consent to Civil Online Litigation:the Practical Dilemmas and Theoretical Supplies
The roughness of legislative norms and insufficiency of theoretical supplies have led to the differentiation and alienation of the judicial application of the right of consent to civil online litigation.Granting litigants the right of consent to civil online litigation is a necessary requirement for dynamically meeting the needs of litigants in individual cases,achieving values of online litigation,i.e.efficiency and differentiated fairness,to the largest extent.The subjective and objective scopes of the right of consent to civil online litigation jointly define the boundaries of the right.Among them,the subjective scope should not be defined according to the types of occupations of litigants,but be analyzed in conjunction with the subjective scope of res judicata;the objective scope and form need to be determined in conjunction with specific link and procedure in the litigation.The right of consent to civil online litigation includes not only negative effect but also positive effect within some sphere.In terms of right protection,it is necessary to design proper plans on prior notification and the during-process remedy and subsequent remedy.The court's litigation notification and opinion seeking should aim to ensure the subjective and objective unity of intentions of the litigants involved.The right to objection to procedures of online litigation,the right to apply for conversion between online and offline,and the right to appeal together constitute the remedy system of the right of consent to civil online litigation.
Online Civil Litigationthe Litigants'Right of ConsentProcedural SelectionProcedural Guarantee