The total number of consultations exceeds 650000, with a Q&A rate of nearly 85%. The Legal Answer Network gathers judicial wisdom from "powerful fans"
2024-09-12
Is there a labor relationship between the two parties when an online anchor brings goods to a company? "" In divorce cases, one party's conditions for choosing to live with the child are much higher than the other's, how should it be handled? "" Should the 'reverse corporate personality denial' system be recognized, and the company should bear joint and several liability for the debts of shareholders? "... These selected questions from the Legal Answer Network are based on the judicial practice of judges. Behind the problems, there are not only hot topics and new types of cases related to people's livelihoods, but also complex disputes over the application of laws that arise in the process of economic and social development. In order to meet the increasingly prominent demand for learning and exchange in judicial practice, by the end of March 2023, the Party Group of the Supreme People's Court will deploy the construction of a unified, authoritative, and efficient legal application consultation and answering platform for courts across the country - the Legal Answer Network. Over the past year, Fada Online has provided answers to more than 550000 questions for judges at all levels of courts. A reporter from the Rule of Law Daily learned that on this platform, judges have achieved a two-way rush of questions and answers, "mining", "treasure hunting", and "incubating products", not only making the "C-position debut" of the Legal Answer Network, but also making the high-quality Q&A popular in the legal profession community. The treasure trove of judicial resources is like a powerful treasure trove of judicial resources, "said a judge who has used the website. Fada Network is an information sharing platform provided by the Supreme People's Court of China to police officers at all four levels of courts, providing legal policy application, trial business consultation and answering questions, and learning and exchange services. On the Legal Answer website, judge consultation questions mainly include guidance on the application of legal policies, consultation and answering of trial business questions, covering legal application, case handling procedures, and judicial policies, but the consultation does not involve specific cases. The consultation process involves judges raising questions related to trial, learning, and research, and experts providing timely and appropriate answers based on laws, judicial interpretations, and other regulations; The relevant department heads shall review and approve to ensure accuracy and authority. For major and complex consulting questions, multiple experts can conduct collective research to ensure accurate and authoritative answers. The reporter learned from the Supreme People's Court that from July 1, 2023 to August 29, 2024, the total number of consultation questions on the website exceeded 650000, with a response rate of nearly 85%. Among them, the Supreme People's Court directly answered 678 questions; The cumulative browsing volume is over 8.3 million times, with an average of over 18000 times per day. As a 'rich mine' of legal application issues, Fada Network provides abundant resources for law enforcement officers to handle cases Qiu Bo, the chief judge of the Criminal First Division of the Second Intermediate People's Court of Beijing, said that the police officers of the Criminal First Division have gradually developed the work habits of "diligent exploration" and "deep mining" from being familiar with and knowing how to use the Fa Da website to loving it. Qiu Bo said that frontline judges consciously seek help from the Law Answering Network for legal application issues related to difficult and complex cases, and use the Q&A situation as an important reference for the substantive review and evaluation of the collegiate bench. It is reflected as a reference factor in procedural materials such as trial reports and collegiate transcripts. The consultation and Q&A opinions of the Law Answering Network have become an essential reference for collegiate bench evaluation, judge meetings, chief judge review, and adjudication committee decision-making. In addition, Qiu Bo is also an expert designated by the Beijing High People's Court to answer questions, and has answered a total of 67 questions on the legal answering website. I truly understand that asking and answering questions is a two-way process of striving for win-win outcomes Qiu Bo said that especially for answering difficult and complex questions, it is like a special research. Through the study and solution of difficult and complex problems, it has improved one's judicial ability and management level. Due to the practical needs of judicial trials and the two-way pursuit of high-quality Q&A, the Supreme People's Court has selected 9 batches of 48 selected Q&A questions from the Legal Answer Network to be released to the public. Once each batch of selected Q&A questions is released, they will "go viral" on the legal professional community's social circle. Experts have evaluated that solving a type of legal problem and guiding a group of controversial cases with a carefully selected answer is a more cost-effective and effective judicial project for the people Director Zhou Jiahai of the Supreme Court Research Office said. In addition, the Supreme People's Court is promoting the integration of databases and networks, realizing the interconnection and interoperability between the Legal Answer Network and the case database, the integration and connection between the Legal Answer Network and the Legal Information Network, and the sharing of high-quality Q&A resources between the Legal Answer Network and the Inspection Answer Network, in order to meet the knowledge retrieval needs of judges in handling cases and provide more diverse and intelligent service guarantees. Not only judges, but also various business departments of the Supreme People's Court are strengthening the transformation of the results of the legal answer platform's "mining" and "treasure hunting" on the website, striving to "turn stones into gold". The Supreme People's Court has conducted a comprehensive and in-depth analysis of the operation of the Legal Answer Network, systematically sorted out high-frequency questions and inconsistent answers, and directly answered questions by various business departments of the Supreme People's Court according to their division of labor. After conducting line sorting, each business department has strengthened targeted guidance to the subordinates, making it vivid and effective Zhou Jiahai said. Fada website is also a research platform. We have set up a research column on the website of Legal Answer, extensively soliciting opinions from the four levels of courts on relevant issues and directly listening to the voices of frontline investigators Zhou Jiahai gave an example that in March of this year, the Supreme People's Court Research Office conducted research on the revision of judicial interpretations of the Civil Procedure Law on the Law Answer website. In just a few months, more than 20000 opinions and suggestions were collected, laying a solid foundation for the solid promotion of related work. To solve problems in judicial interpretations and policies, we must adhere to a problem oriented approach. The Legal Answer website provides the most vivid materials for drafting judicial interpretations Vice President Ma Jinliang of the Supreme People's Court of China stated that in the process of formulating judicial interpretations, providing guidance and training on legal procedures, and handling specific cases, the Supreme People's Court of China attaches great importance to using the Legal Answer Network to consult and answer questions. There are many major criminal cases and new types of difficult and complex cases in the Beijing Intermediate People's Court. In the past, we encountered difficult and complex legal issues in judicial practice, mainly by seeking approval and reporting to higher-level courts, which resulted in long work cycles, high time and trial resource costs Qiu Bo said that now, judges can quickly raise questions through the Legal Answer Network, "reaching the top of the line" directly to the Supreme Court; Superior courts can also promptly identify doubts and difficult issues in judicial practice, and "stick to the bottom" directly to the forefront of case handling; For high-frequency questioning, inconsistent answering questions, and other common and typical issues in judicial practice, the Supreme People's Court and the Beijing High Court will also organize specialized investigations and research to provide authoritative guidance, greatly improving the efficiency and effectiveness of answering questions. The legal answer website has become an important tool and 'question collection platform' for the presiding judge to manage the trial and provide guidance on the line Qiu Bo said that Fada Network covers four levels of courts and all lines, providing us with a "direct platform" for communication and business guidance between upper and lower courts. The Higher People's Court of Hebei Province has issued a province wide reference case in response to issues such as fundraising fraud and inconsistent standards for determining trademark infringement discovered on the website Fada; Regarding the factual determination and legal application of personality rights, compile and exchange research results, and publish typical cases. The Shanghai High People's Court conducted in-depth research on the issue of "determination of liability for e-commerce platforms" on the website Fada, and established an application scenario of "unified liability for e-commerce platform operators in accordance with the law". The system automatically alerts for inconsistencies between liability determination and embedded rules in judgments, effectively avoiding the problem of different judgments in similar cases. Fada Network is not only a convenient platform for police officers to consult and learn, but also a vivid portrayal of the trial and execution work of courts at all levels. Behind each consultation question, it reflects the practical difficulties of lower courts and is also related to the vital interests of the people Wang Huijun, Director of the Research Office of the Jiangxi Provincial High People's Court, said that like other high courts in various regions, the Jiangxi Provincial High Court has delved into the "rich mines" of the Fa Da website and conducted targeted online research and guidance. In the eyes of Qiu Bo, producing high-quality results not only meets the real-time needs of judicial trial work, but also creates the effect of a "case incubator" by using "supplementing cases with questions and answering questions with cases" to produce high-quality cases. In daily management, we encourage judges to continuously track and analyze new types of issues, controversial issues, etc. after consulting and answering questions. After the case judgment takes effect, we urge them to promptly write and submit the case to the database. At the same time, we will adhere to the combination of judgment and answer, promote the improvement of the main points of case judgments through relevant Q&A, and ensure the quality of cases Qiu Bo said that he looks forward to the deep integration and collaborative efforts of "one network, one database" to achieve the best results. The reporter noticed that in the process of using Fada website, users can continuously "incubate products" and generate a "long tail effect". The National Academy of Judges has also gained a lot by promoting training through the internet and improving the quality and efficiency of training. Hu Tianye, Vice President of the National Academy of Judges, said that many "questions" and "answers" on the website have begun to be integrated into various aspects such as the formulation of judge training plans, the arrangement of training courses, the determination of training courses, and the selection of training instructors. What is the problem, and what should be targeted in online training? The instructor combines relevant questions from the Legal Answer Network to provide legal policy application and trial business consultation and answer questions for the police officers of the four levels of courts across the country Hu Tianye said. The National Academy of Judges also fully utilizes the "rich mine" of the Law Answering Network, leading practical legal research to focus on judicial practice issues, and guiding the theoretical and practical circles to conduct research together and find answers. The judges commented in the interview that 'Fada website is so user-friendly', 'the small platform solves big problems',' writing papers and cases also provides richer resources and ideas'. Fada Network is using its strength to "circle fans" and also using the judicial wisdom gathered by the platform to "favor fans" and give back to fans. (New Society)
Edit：Jia jia Responsible editor：Liling
Source：http://www.legaldaily.com.cn
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