Online litigation activities have the same legal effect as offline litigation activities. Article 2 The people's courts shall follow the following principles when conducting online litigation:
(1) principle of fairness and efficiency. Carry out online litigation activities in strict accordance with the law, improve the trial process, improve the working mechanism, strengthen technical support, improve judicial efficiency and ensure judicial justice.
(2) The principle of legality and voluntariness. Respect and protect the rights of parties and other participants in litigation to choose litigation methods. Without the consent of the parties and other participants in the proceedings, the people's court shall not force or disguise the application of online litigation.
(3) the principle of rights protection. Fully protect the litigation rights of the parties, strengthen the obligation of prompting, explaining and informing, and shall not arbitrarily reduce the litigation links and impair the litigation rights of the parties.
(4) The principle of facilitating the people and benefiting the people. Optimize online litigation service, improve the function of litigation platform, strengthen the application of information technology, reduce the litigation cost of parties and improve the efficiency of dispute resolution. Take into account the judicial needs of different groups, strengthen litigation guidance for special groups such as minors, the elderly and the disabled, and provide corresponding judicial convenience.
(5) The principle of safety and reliability. Safeguard national security in accordance with the law, protect state secrets, business secrets, personal privacy and personal information, and effectively protect the security of online litigation data and information. Standardize the application of technology to ensure technology neutrality and platform neutrality. Article 3 The people's court may apply online litigation to the following cases by comprehensively considering the circumstances of the case, the will of the parties and the technical conditions:
(1) Civil and administrative litigation cases;
(2) Criminal summary procedure cases, commutation and parole cases and criminal cases that are not suitable for offline trial for other special reasons;
(3) civil special procedures, supervision procedures, bankruptcy procedures and non-litigation execution review cases;
(four) civil and administrative enforcement cases and criminal incidental civil action enforcement cases;
(5) Other cases suitable for online trial. Article 4 When conducting online litigation, the people's court shall obtain the consent of the parties concerned and inform them of the specific links, main forms, rights and obligations, legal consequences and operation methods of online litigation.
The people's court shall, according to the corresponding meaning of the parties in online litigation, make the following treatments respectively:
(a) if the parties voluntarily choose to apply for online litigation, the people's court may directly conduct the corresponding litigation link online without their consent;
(2) If the parties agree to apply online litigation, they can conduct corresponding litigation links online;
(three) some parties agree to apply online litigation, some parties disagree, and the corresponding litigation link can be conducted online by the consenting party and offline by the disagreeing party;
(4) If the parties only voluntarily choose or agree to apply online litigation to some litigation links, the people's court shall not presume that they agree to apply online litigation to other litigation links.
If online litigation is applied to cases involving people's procuratorates, the consent of the people's procuratorates shall be obtained. Article 5 In the course of litigation, if the parties lack online litigation ability, do not have online litigation conditions or the corresponding litigation link is not suitable for online processing, the people's court shall transfer the corresponding litigation link to offline processing.
The parties have agreed to apply online litigation to the corresponding litigation links, but if they repent in the course of litigation, they should put forward it within a reasonable time before the corresponding litigation activities are carried out. After examination, if the people's court considers that there is no improper situation such as intentional delay in litigation, it may transfer the corresponding litigation link offline.
In the process of mediation, evidence exchange, inquiry, hearing, trial and other litigation links, if one party requests other parties and participants to participate in the litigation offline, it shall explain the specific reasons. After examination, the people's court thinks that the case is difficult and complicated, and it needs witnesses to testify on the spot, to provide evidence for cross-examination, and to make statements and debates offline, so it can switch the corresponding litigation links to offline. Article 6 If the parties agree to apply for online litigation, do not participate in online litigation activities or take corresponding litigation actions without justifiable reasons, and do not apply for offline litigation within a reasonable period of time, they shall bear corresponding legal consequences in accordance with the relevant provisions of laws and judicial interpretations. Seventh parties to participate in online litigation, should first complete the real name registration on the litigation platform. The people's court shall verify the real-name mobile phone number, resident identity card number, passport number, unified social credit code and other information of the parties through online comparison of licenses and authentication of identity authentication platform, and confirm the authenticity of the identity of the parties. After completing the identity authentication online, the parties get a special account for logging into the litigation platform.
The parties involved in online litigation shall properly keep the special account and password of the litigation platform. Unless there is evidence that the account is stolen or the system is wrong, the act of logging in to the litigation platform with a special account is regarded as the act of the authenticated person.
When the people's court conducts litigation activities such as mediation, evidence exchange and online trial, it shall verify the identity of the parties again; If it is really necessary, we should further verify our identity offline.