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shanghai changning court reported the trial of online shopping contract disputes involving professional fraudissued three-year action plan for internet trial
[2020-01-02]

 

 

 

 

 

The Shanghai Changning District People’s Court (hereinafter referred to as the “Shanghai Changning Court”) held a press conference on January 2, 2020, on the occasion of the second anniversary of the establishment of the trial division for internet cases, issuing Three-Year Action Plan for Internet Trial (2020-2022), Ten Guidelines for Code of Conduct in Internet Space, and 2017-2019 White Paper on Trial of Online Shopping Contract Disputes Involving Professional Fraud. Mao Ronghua, the deputy secretary of party committee and the vice president of Shanghai High People’s Court, Zhang Lei, a standing committee member of Changning District and the secretary of the Political and Legal Committee, and Mi Zhenrong, the secretary of party committee and the president of Shanghai Changning Court, attended the press conference.

Mao Ronghua fully affirmed the concentrated trial of internet disputes under “Changning Model” and put forward requirements for the next step of work, stressing on that we should attach importance to integration,  promoting and deepening the application of technology in the field of justice; to root cases, creating a new pattern of litigation source governance; to rules, highlighting the standard and orderly nature of justice; and to investigation, exerting leading influence of judicial trails. He hopes that Shanghai Changning Court will combine the exploration of a new mode of Internet justice with the national cyber development strategy, so as to provide “Changning wisdom” and “Changning experience” for the Internet rule of law construction in Shanghai.

Zhang Lei gave credit to the court’s contribution in providing services to ensure the development of Internet economy within its jurisdiction. He hopes that we should continue to adhere to the national cyber development strategy, promoting the rapid development of the network economy with the spirit of innovation; to rules and regulations as the guiding ideology, establishing a community of share future in cyberspace based on the rule of law; to interconnection and integration principles, building a new pattern of network governance through collaboration. He also appealed that we should make unremitting efforts to make Changning the origin of institutional innovation in the Internet industry, and to turn the “Good card” of the Internet trial into the “Trump card” to optimize the business environment.

It is reported on the press conference that on January 2, 2018, Shanghai Changning Court took the lead in setting up Shanghai’s first trial division for Internet cases. In the past two years, as the only Internet trial division in Shanghai and one of the reform characteristics to optimize the business environment in Changning, the Internet trial division of Shanghai Changning Court has heard multiple civil and commercial disputes in a concentrated way, with 2869 cases received and 2913 cases concluded, with an average trial duration of only 38 days. It has built the city’s first “whole process online” Internet litigation platform, successively sent three judicial suggestions to Internet enterprises, published the book Essence of Internet Dispute Adjudication, and gradually formed the “Changning experience” for Internet trials that can be copied, promoted and used for reference.

Three-Year Action Plan for Internet Trial (2020-2022) adheres to the four principles of reform, innovation and development; following judicial rules; putting trial application first; and strengthening the drive of science and technology. With goals of promoting the construction of Internet trial and litigation mechanism, the construction of Internet space governance capacity, the development of bringing convenience to the people and serving the society, and the cultivation of judicial talents in the Internet field, it focuses on four tasks of strengthening the construction of Internet trial mode, mechanism innovation, value guidance and deep integration with technology. It aims to explore ways to improve standards for the Internet industry, regulate competition in the Internet industry, protect the legitimate rights and interests of consumers, promote the healthy development of the digital economy, and promote the revision and improvement of legislation in the Internet sector, as well as promote the modernization of cyberspace governance systems and capabilities.

At the press conference, Shanghai Changning Court distributed the Ten Guidelines for Code of Conduct in Internet Space to the representatives of Internet enterprises under its jurisdiction. In the form of “Rules + Interpretation + Typical cases”, the guidelines extracted the code of conduct of various subjects in cyberspace through typed thinking, clarified the relationship between rights and obligations of all parties, and vigorously promoted the improvement of the rule of law in Internet space.

 

 2017-2019 White Paper on Trial of Online Shopping Contract Disputes Involving Professional Fraud of Shanghai Changning District People’s Court. docx

Ten Guidelines for Code of Conduct in Internet Space. docx

 


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