The Chinese have found yet another way to save money and time, and this time it’s not the latest gadget or app.
The world’s most populous nation has decided to use cyber technology in litigation, with the introduction of an online court. Physically showing up at a courthouse could become a thing of the past, at least for internet-related civil cases.
The entire process is conducted online — a judge presides over a case, and parties join the process using video chat. Any outstanding fees or missing information are entered through an online portal. The same online access point is also used for submitting the case to the court and filing documents. Court notifications are delivered electronically ... of course.
A Chinese online court in session.
Hangzhou’s online court heard its first case — on alleged copyright infringement — just a week ago. An author pressed charges against a web company, claiming it had offered her work to its subscriber base without her permission. To settle the dispute, both sides met via video chat. The judge presided over the case using two computer screens, and the proceeding was displayed on a wall screen, enabling the public to monitor the process. The entire case took 30 minutes to conclude.
Although this is the first such court, it isn’t the first time China made its trials available to the public online. In 2016, as a part of an effort to improve the legal system’s transparency and its alleged corruption, the Chinese government decided to allow streaming and access to pre-recorded proceedings via the tingshen.court.gov.cn website. The system is elegant and allows an observer to select a province and a court, after which he can follow a case via a split-screen feature, offering different perspectives. One can monitor defendants, judges or lawyers throughout the entire proceedings.
That was a welcome change, since the Chinese court system has been closed to the public in many instances — sometimes even defendants’ family members are not allowed inside court buildings.
That isn’t to say streaming court proceedings online has somehow solved the transparency issue in the Chinese judiciary system. There are still cases that are not recorded and that have limited public access (usually those deemed controversial in one way or another). But this is a big step in the right direction, and not only that, but it’s also faster, cheaper and more efficient.
Then again, not everyone is happy with the latest judicial innovation. The biggest concern is the reduced privacy of individuals involved in the process — not only the defendants, but also the alleged victims. Turning litigation into “online shopping” may easily create an entire new venue of abuse, ranging from blackmail and public shaming to harassment, as cases are made public.
China isn’t alone in moving some courts online. Canada recently launched the Civil Resolution Tribunal, its first online tribunal for small-claims disputes of $5,000 and under, as well as strata property of any amount. Not too far behind is the U.K., with a 28-month pilot program for its Online Court. It is scheduled to start this month and last until Nov. 30, 2019, for money claims under 10,000 British pounds.
The world’s most populous nation has decided to use cyber technology in litigation, with the introduction of an online court. Physically showing up at a courthouse could become a thing of the past, at least for internet-related civil cases.
The entire process is conducted online — a judge presides over a case, and parties join the process using video chat. Any outstanding fees or missing information are entered through an online portal. The same online access point is also used for submitting the case to the court and filing documents. Court notifications are delivered electronically ... of course.
A Chinese online court in session.
Hangzhou’s online court heard its first case — on alleged copyright infringement — just a week ago. An author pressed charges against a web company, claiming it had offered her work to its subscriber base without her permission. To settle the dispute, both sides met via video chat. The judge presided over the case using two computer screens, and the proceeding was displayed on a wall screen, enabling the public to monitor the process. The entire case took 30 minutes to conclude.
Although this is the first such court, it isn’t the first time China made its trials available to the public online. In 2016, as a part of an effort to improve the legal system’s transparency and its alleged corruption, the Chinese government decided to allow streaming and access to pre-recorded proceedings via the tingshen.court.gov.cn website. The system is elegant and allows an observer to select a province and a court, after which he can follow a case via a split-screen feature, offering different perspectives. One can monitor defendants, judges or lawyers throughout the entire proceedings.
That was a welcome change, since the Chinese court system has been closed to the public in many instances — sometimes even defendants’ family members are not allowed inside court buildings.
That isn’t to say streaming court proceedings online has somehow solved the transparency issue in the Chinese judiciary system. There are still cases that are not recorded and that have limited public access (usually those deemed controversial in one way or another). But this is a big step in the right direction, and not only that, but it’s also faster, cheaper and more efficient.
Then again, not everyone is happy with the latest judicial innovation. The biggest concern is the reduced privacy of individuals involved in the process — not only the defendants, but also the alleged victims. Turning litigation into “online shopping” may easily create an entire new venue of abuse, ranging from blackmail and public shaming to harassment, as cases are made public.
China isn’t alone in moving some courts online. Canada recently launched the Civil Resolution Tribunal, its first online tribunal for small-claims disputes of $5,000 and under, as well as strata property of any amount. Not too far behind is the U.K., with a 28-month pilot program for its Online Court. It is scheduled to start this month and last until Nov. 30, 2019, for money claims under 10,000 British pounds.
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