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Changning district peoples court of shanghai issued the second batch of norms of behavior in cyberspace
[2021-01-05]

 

 

 

 

    On January 5, 2021, Changning District People's Court of Shanghai and Internet Judicial Research Association of Shanghai Law Society jointly held the annual meeting of the Internet Judicial Research Association and a press conference to celebrate the 3rd anniversary of internet judiciary, and issued the second batch of Norms of Behavior in Cyberspace. Liu Xiaoyun, Secretary of the Party Leadership Group and President of Shanghai High People's Court, Shi Weidong, Deputy Secretary of the Party Leadership Group and Full-time Vice President of Shanghai Law Society, Zhang Lei, Member of the Standing Committee and Secretary of the Political and Legal Affairs Commission of Changning District Party Committee, relevant persons of Shanghai High People's Court, Shanghai Law Society, Shanghai No.1 Intermediate People's Court, Shanghai No.2 Intermediate People's Court, Shanghai Lawyers Association, Shanghai Travel Service Quality Supervision Administration, Political and Legal Affairs Commission of Changning District Party Committee, Changning District Court, Changning District Development & Reform Commission,  Changning District Commission of Commerce and Changning Consumer Council, as well as Internet trial experts, members of the Internet Judicial Research Association, representatives of Internet enterprises, representatives of lawyers and media reporters, attended the meeting.

It's reported that Shanghai's first Internet Trial Division was set up in Changning District People's Court of Shanghai on January 2, 2018. Over the past three years, the court, focusing on the overall goal of establishing and perfecting the "rules for cyberspace governance and litigation," actively explored the mode of centralized trial of Internet disputes by setting up specialized trial teams, building Internet litigation platforms, perfecting Internet litigation rules, improving cyberspace governance, and strengthening research design and brand building. Since its establishment, a total of 3,870 cases have been accepted and 3,661 cases have been concluded. With the concept of "two-phase ongoing process", the court designed and built an Internet litigation platform to provide hardware and software support for Shanghai Mobile MiniCourt, through which 783 cases have been resolved efficiently so far. The court also issued Internet Trial Procedures, Online Trial norms and Operational Guidelines and Electronic Litigation Rules, launched a one-stop platform for resolving tourism disputes to create a new pattern of governance of tourism disputes at the source. It formulated Three-year Action Plan for Internet Trials, issued 10 Norms of Behaviors in Cyberspace, compiled and published Adjudication Essentials for Internet Disputes to actively promote the Internet governance by law. Besides, it innovated and introduced the judicial diagnosis & reporting system to provide systematic, professional and targeted judicial analysis for enterprises within its jurisdiction.

At the end of 2019, Shanghai Law Society approved the establishment of Internet Judicial Research Association, which, focusing on the words "Internet" and "Justice," strives to build a platform integrating all factors for Internet judicial research which is in line with Shanghai's position as a modern international metropolis with world influence and the practice of Changning District People's Court of Shanghai in taking the lead in Internet trial exploration, makes efforts to enhance research, cohesion and leadership, and tries best to be a "pioneer" and "leader" in improving cyberspace governance system and capacity.

It's reported that in 2020, the Internet Judicial Research Association concluded 11 annual projects successfully, with members attending more than 80 conferences concerning Internet justice and study on Civil Code, publishing 6 monographs and 74 academic papers, declaring and completing more than 10 national, provincial and municipal projects including key projects funded by the National Social Science Fund of China, comprehensive administration of Shanghai Municipality by law and key research projects of Shanghai courts. Besides, 7 cases were selected as Top Ten Intellectual Property Cases Tried by Zhejiang Courts in 2019, First Batch of Typical Cases Tried by People's Courts in Yangtze River Delta Region, Excellent Cases on Rule of Law Construction in Shanghai, and Typical Cases on Shanghai Courts' Work to Serve and Safeguard     Epidemic Prevention & Control and Resumption of Work & Production, etc.

At the meeting, Changning District People's Court of Shanghai issued the second batch of Norms of Behavior in Cyberspace, which, in the form of "rules + interpretation + typical cases," further clarified through categorical thinking the rights and obligations of all parties in cyberspace, thereby continue to promote the level of cyberspace governance by law. For example, "profit-making we-media should fulfill their duty of reasonable verification and attention to their reports," "mandatory binding and installation of software by Internet terminal software operators infringe on consumers' right to know and right to select on their own," "e-commerce platform has the obligation of saving after-sale complaint records and other information" and other rules focus on hot issues and play an active role in guiding consumers to safeguard their rights rationally and enterprises to operate legally and orderly and build a healthy and clean network environment.

Liu Xiaoyun fully affirmed the new experience in Internet justice gained by Changning District People's Court of Shanghai through actively exploring and perfecting the working mechanism for online litigation and new litigation modes. He said that in recent years, Shanghai courts have comprehensively deepened the construction of intelligent courts, and especially during the period of regular epidemic prevention and control, vigorously promoted regular online litigation services and online trials to ensure that trials and enforcement work are not interrupted. It is hoped that through this discussion and exchange, we can further build consensus and deepen cooperation to continuously improve our Internet judiciary's ability and level of rule of law in cyberspace. Shanghai courts will also actively build a new model of Internet justice to provide more powerful judicial services and guarantees for Shanghai to comprehensively promote urban digital transformation and build itself into an international digital metropolis with global influence.

        

Second Batch of Norms of Behavior in Cyberspace Issued by Changning District People's Court of Shanghai.docx

 

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