Judicial Practice and Limit of Mobile Electronic Litigation in China: Taking "Mobile WeChat Court" as an Example

Author: Hu Changming

 

 

Abstract: "Smart court" is a response to the demand of the times, as well as to the need of courts to achieve fairness and justice and to improve judicial efficiency. In recent years, mobile electronic litigation has developed rapidly. The mobile electronic litigation mode in China, represented by "mobile WeChat court", has overcome some deficiencies in the previous construction of smart courts, and will serve the litigant, the judge and the whole litigation process with informatization. In judicial practice, the mobile WeChat court standardizes the trial and execution behavior, reduces the litigation cost of parties, improves the efficiency of trial and execution, effectively overcomes difficulties in communication, increases judicial transparency, and provides convenience for remote litigation, thus playing an important role during the corona virus outbreak. In the progress of popularizing the mobile WeChat court in the whole country, China should be aware of its current limitations in the applicable objects, the suitable case type and pay close attention to its bottlenecks in the application of function, applicable scope, unified standards, data exchange, and procedure rules, so as to enable the mobile electronic litigation to play a bigger role in the future.

 

Keywords: smart court; mobile electronic litigation; mobile WeChat court; remote litigation; convenient litigation

 

The author of this article is an assistant research fellow at CASS Law Institute and a research fellow at the Center for Studies of National Index of the Rule of Law of CASS Law Institute. Source: 2 (2021) China Review of Administration of Justice, available at: http://iolaw.cssn.cn/zxzp/202105/t20210521_5335103.shtml.