Fully demonstrate the visible justice value of modern digital justice
2024-01-22
The modern digital justice has enriched and developed the traditional procedural justice, which not only helps to achieve judicial fairness in the sense of judgment results, but also allows parties to more intuitively feel fairness and justice throughout the entire process of each judicial case, thus facilitating the unity of political, social, and legal effects of judicial adjudication. As the saying goes, justice must not only be achieved, but also in a visible way. Procedural justice, as one of the fundamental values of the judicial system, belongs to this "visible justice". In the traditional sense, "visible justice" emphasizes the fairness of the procedure itself, but it is difficult for the parties to simultaneously see the entire process and specific content of the legal procedure, thereby dispelling their concerns and making them believe that procedural justice has been achieved. Modern digital justice not only shifts judicial transparency from traditional offline "on-site justice" to online "visible justice", but also helps parties to "see" the entire process and specific content of the procedure itself, enabling digital justice to be realized in a zero distance manner across time and space. The author believes that this modern digital justice can be interpreted from three aspects: digital visualization of the entire litigation process, digital visualization of the entire judicial judgment process, and digital visualization of the entire time and space of judicial supervision. Its value cannot be ignored. It enriches and develops the "visible justice" in the traditional procedural law sense, not only helping to achieve judicial justice in the sense of judgment results, but also allowing parties to feel fairness and justice more intuitively throughout the entire process of each judicial case, thereby promoting the unity of political, social, and legal effects of judicial judgment. One is to digitize and visualize the entire litigation process. The transparency of judicial procedures is a reflection of fair justice and an important guarantee of fair justice. Digital justice can achieve the automation, timeliness, and efficiency of various litigation information flow between courts and parties through various litigation platforms, promote the disclosure of litigation information between courts and parties, and reduce the sense of alienation and distrust towards the judiciary caused by asymmetric litigation information between parties and litigation participants. In the past, when a party submitted their lawsuit materials at the court filing window, they were often in a passive and unaware state about information such as when the court filed the case, when the court arranged a hearing, when the judgment was pronounced, and when the case became effective. Only by actively asking the judge or passively waiting for a written notice from the court can they know the progress of the litigation process. Nowadays, with the help of modern digital technology, digital justice enables all litigation process nodes, including prosecution, filing, delivery, court hearing, and judgment, to be automatically pushed to the parties in a timely manner and publicly available online, achieving comprehensive visualization that is acceptable and searchable. Taking the Shanghai Court 12368 Intelligent Litigation Service Platform and various digital scene applications as an example, the Shanghai Court has embedded the 12368 SMS push function into the key nodes of the trial system. At all nodes of the case litigation process, the system will automatically send real-time notifications to the parties and their litigation agents regarding the acceptance of the case, trial organization members, trial time and location, program conversion, litigation preservation application, preservation processing status, additional parties, delivery, extension of trial time, judgment, closure, and appeal
Edit:Zhoushu Responsible editor:Jia Jia
Source:http://rmfyb.chinacourt.org
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