Hangzhou Internet Court nearly half a year of operation, the first instance to serve the interest rate of 98.5%, the average trial days 48 days.

Walking into the Internet Court, Internet elements can be seen everywhere: online counseling machine can be connected to the judge in real time, the guide desk in front of the self-service equipment can help the parties to scan all kinds of materials, the courtroom judge can be through the big screen and the parties far away from the online hearing ......

Online court hearings take an average of 28 minutes

On December 19, 2017, the much-anticipated case of "Zheguang Group" suing "Migu Video" and "Migu Culture" for infringing on the information network dissemination rights of "Running Brothers (Season 3)" was heard on the Internet in Hangzhou. The case of the right to disseminate information network was declared in Hangzhou Internet Court. Compared with other courts, the arrangement of the judgment site was very special. There is no seat in the courtroom, the panel judge is facing a large screen, the plaintiff and defendant parties sitting in front of their computers.

Previously, the Hangzhou Internet Court through the online pre-trial conference way in advance to sort out the case evidence, summarize the focus of the dispute, determine the undisputed facts, the difficult and complex cases of the trial is simplified, through the online trial way to complete the case of the trial.

This is a microcosm of the cases heard by Hangzhou Internet Court since its official inauguration. Since the start of the pilot on May 1, 2017 to December 31, 2017, Hangzhou Internet Court cumulative case acceptance of 4,825 cases, concluded 3,422 cases, the online filing rate of 85%, the rate of first instance to serve the sentence and interest rate of 98.5%, the average number of trial days 48 days.

"We have done statistics, the average number of days of online trial is 32 days, the average number of days of offline trial is 61 days. The average time spent in online trial is 28 minutes, of which 62.35% of the average time spent in online trial is only 17 minutes, and the average time spent in offline trial is 68 minutes. Overall, the online trial mode has greatly improved trial effectiveness." Hangzhou Internet Court President Du Qian said.

In Hangzhou Internet Court, prosecution, filing, service, evidence, court, referee, each link of the whole process online, litigation participants in any litigation step instant continuous record traces, the parties can be "zero in the time" "zero travel expenses "The company's website has been updated with the latest information about the company's website, including a list of its products and services.

"Some people have said that lawyers are either in court, or on the way to court, savoring the pain of traveling. But now, the case to the Hangzhou Internet Court, sitting at home or law firm can participate in the trial. The litigation platform is widely implanted with intelligent applications, the parties' information can be checked in seconds, a key to introduce the online transaction process and form data evidence, and legal cases are intelligently pushed, which greatly improves the work efficiency." Yingke Law Firm Hangzhou Branch lawyer Wu Xuhua said, Hangzhou Internet Court cases throughout the trace, at any time to check, do not have to worry about the "trust relationship" "backdoor" things happen. The phone out to watch the trial live, the case trial to accept the supervision of all the people, all can be "pricked".

"This is the performance of judicial confidence to enhance judicial credibility, Hangzhou Internet Court not only so that justice will not be absent, but also within reach." Wu Xuhua said.

Breaking through the time and space barrier, to realize the convenience of justice

"Online disputes online trial" "in the Internet to resolve Internet disputes" is the positioning of the Internet Court in Hangzhou, but also the embodiment of the judicial initiative to adapt to the Internet era.

With the Internet penetrating into thousands of households and integrating into all aspects of social life, there are more and more disputes involving the Internet. Under the traditional judicial model, the parties involved in the lawsuit need to run to the court many times, and some have to go to the field to prosecute, respond to the lawsuit, consuming a lot of time, energy and money, no wonder some people lamented that "in trouble with the lawsuit, no peace of mind". Some people are not satisfied even if they win the case, the reason is that the lawsuit to carry a heavy burden of litigation.

Data show that the Hangzhou Internet Court cases accounted for the first three cases are: Internet shopping product liability disputes, Internet copyright infringement disputes, Internet shopping contract disputes. The parties sued the amount of less than 30,000 yuan accounted for more than 80%.

"Compared with the traditional civil disputes, disputes on the Internet is more special: the parties are often not in a city, or even millions of miles apart, some Internet companies spend a lot of travel expenses to all over the world every year to respond to the lawsuit, back and forth to fight the lawsuit is time-consuming and costly, often pay more than gain." Du Qian said.

Hangzhou Internet Court has heard such a case: the plaintiff Fan Mou in the defendant Zheng Mou opened in the online store to buy 15 boxes of masks, but family members and friends use skin allergy symptoms. Fan that the product is imported, but no import inspection and quarantine certificate of conformity, no imported cosmetics for special purposes approval, in mainland China, no general agent or importer, belongs to the "three products", sued to the court required the defendant to return the purchase price of 1,270 yuan, and pay 10 times the compensation of 12,700 yuan.

The case, the defendant Zheng Mou for Taiwan, the actual place of residence in Taiwan, goods issued by Taiwan. After obtaining Zheng's consent, Hangzhou Internet Court heard the case online. After the court settlement, the plaintiff withdrew the case.

"In accordance with the traditional mode of trial, across the strait across the litigation, I do not know how much time and energy to spend on service, trial, etc., for the litigation expenditure far more than the petition of more than 10,000 yuan." The party Fan said.

In cases in the field of the Internet, a large amount of evidence in the form of electronic data, presented online is more convenient and intuitive. Hangzhou Internet Court docking e-commerce platform transaction data to facilitate the parties' transaction data directly into the litigation platform as evidence to use. The intelligent push system pushes similar cases to the parties, assisting the parties to form a legitimate and reasonable prejudgement of the outcome of their own cases and reducing the psychological gap. After entering the platform, the parties can complete the entire litigation process of prosecution, mediation and trial by clicking the mouse and checking the boxes, which is not only convenient and efficient, but also safe and intelligent.

Collecting the latest results of the "smart court" construction

A case heard by the Hangzhou Internet Court is regarded by the industry as a classic case of dealing with the problem of "professional claimants".

The plaintiff Li Mou from the defendant Hao Mou's Taobao store to buy Guizhou Moutai Flying 53 degrees of soy sauce type liquor 2 boxes and 3 boxes, respectively, paid the price of 9,000 yuan and 13,500 yuan. During the trial, the plaintiff claimed that the products in question were counterfeit brands, and asked for identification of the products in question in court.

The judge looked for related cases through big data, and found that the plaintiff, Li Mou, purchased 30 bottles of the same products in other Taobao stores, paid the price of 19,000 yuan, and sued to the court for the same reasons.

Through the big data analysis, the judge believes that Li Mou buy the product in question is too short, the quantity is too much, the purchase of unreasonably low-priced goods, the comprehensive judgment of Li Mou buy the product in question is not for the purpose of life consumption needs, but purely for the purpose of profit-making, is not the protection of consumer rights and interests of consumers as stipulated in the law of "consumer ", does not apply to the punitive damages applicable only to consumers.

In Hangzhou Internet Court, a collection of the latest achievements of the "smart court" construction. "Efficiently ascertaining facts through the Internet, big data and other means, intelligent tools can reduce the mechanical work and repetitive labor of judges, and improve the efficiency of handling cases." Judge Huang Xin said. As the first Internet court in the country and the world, Hangzhou Internet Court also shoulders the important task of "test field".

In Huang Xin's view, the Internet case, for the simple case, the case of the input time is shorter, but the case quality is higher, fewer errors. Judges have more energy to devote to difficult and complex cases, more sense of honor. The specialization of Internet-related trials, judges can strengthen the difficult and complex, new types of Internet-related cases and specialize in Internet-related disputes and big data analysis and research, which will help judges to enrich and improve the Internet-related procedural and substantive rules through adjudication, and strengthen the judicial guidance of the development and governance of the Internet.

"We will design a set of judicial rules and litigation processes adapted to the Internet model to help ordinary people resolve new types of disputes occurring on the Internet at low cost and high efficiency; provide normative guidance to online platforms in formulating autonomous rules, integrate and create litigation rules adapted to the development of the Internet, prevent and resolve legal risks in all types of online transactions, purify the cyberspace, and reduce the cost of online rights protection; to carry out full-process re-engineering of existing litigation, and develop a set of standardized, structured and new Internet trial methods, providing replicable and promotable experience for Internet trials in courts across the country." Du Qian said.

The establishment of Hangzhou Internet Court is a landmark event in the judicial field, but not the end. The experience of five months of operation shows that by grasping the pulse of the times, cutting through the needs of the masses, and adapting to China's national conditions, there will be more and more landmark new things in the judicial field, and the ability of judicial services to safeguard the economic and social development can become stronger and stronger.