Promoting high-quality development of digital trade on the track of rule of law

2022-12-26

The report of the 20th National Congress of the Communist Party of China proposed that we should "accelerate the development of the digital economy, promote the deep integration of the digital economy and the real economy, and create a digital industrial cluster with international competitiveness", "develop digital trade, and accelerate the construction of a trade power". In this context, the Internet court has great potential to accelerate the construction of the legal system of digital trade and provide a safe, orderly and open legal environment for stimulating the vitality of the digital economy and promoting the development of digital trade. At present, the world is accelerating into the era of digital economy. Digital trade, with data as the production factor, digital services as the core and digital delivery as the characteristics, is booming and has become a new engine driving global economic growth. The report of the 20th National Congress of the Communist Party of China proposed that we should "accelerate the development of the digital economy, promote the deep integration of the digital economy and the real economy, and create a digital industrial cluster with international competitiveness", "develop digital trade, and accelerate the construction of a trade power". In this context, the Internet court has great potential to accelerate the construction of the legal system of digital trade and provide a safe, orderly and open legal environment for stimulating the vitality of the digital economy and promoting the development of digital trade. 1、 As the first Internet court in China, Hangzhou Internet Court has taken the initiative to conform to the development trend of the times, exploring the wide application of Internet judicial reform and innovation results to the resolution of international commercial disputes, aiming to establish a more comprehensive digital judicial protection paradigm for the healthy development of digital trade. The first is to explore the construction of a new Internet judicial model with deep integration of science and technology and justice. Hangzhou Internet Court built the first Internet litigation platform in China, and took the lead in realizing online litigation process. The first judicial blockchain and electronic certificate storage platform was launched by widely using cutting-edge technologies such as judicial blockchain, big data and artificial intelligence to achieve full process recording, full link credibility and full node witness of electronic evidence. The first asynchronous trial mode allows the parties to log in to the platform at different times, in different places, and asynchronously to complete litigation, and is deeply applied to foreign-related trials, effectively solving the regional, time difference, overseas delivery and other problems in cross-border dispute resolution. Second, actively build a new online settlement mechanism for international commercial disputes. In 2020, Hangzhou Internet Court will establish the first cross-border trade court in China, effectively settle all kinds of foreign-related disputes, and promote the healthy and orderly development of cross-border digital trade industry. The first cross-border digital trade judicial dispute resolution and governance platform was launched online, providing full process intelligent litigation services such as overseas online authentication, online trial, simultaneous translation, electronic evidence fixation, and electronic delivery, providing convenient, efficient and low-cost dispute resolution solutions for Chinese and foreign parties, and striving to achieve online "one-stop" settlement of cross-border trade disputes. Third, accelerate the improvement of judicial protection rules in new business types and new fields. Since its establishment, Hangzhou Internet Court has insisted on attaching equal importance to development and regulation. While promoting and regulating the competition order of the digital trade market, it has encouraged and supported the platform to carry out autonomy and industrial innovation, leaving enough space for the development of new business types. For example, try cases involving "Moody's", "Archaeopteryx", "Peppa Pig" and other international demonstration cases in accordance with the law, and strive to explore the judicial governance system of digital property protection. In addition, through case trials and decisions

Edit:sishi    Responsible editor:xingyong

Source:http://rmfyb.chinacourt.org/paper/html/

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