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Abstract

Network throughout all levels of human social life, but also to the law has had an impact and new challenges. In order to meet the needs of the Internet age, the traditional justice system must make adjustments, the new judicial code of conduct must be established as soon as possible. Based on the social background, I laid his undergraduate engineering basic seriously study the characteristics of the network, combined with the network disputes judicial practice of our country and other network technologies developed countries in the world, based on reality, boldly explore network number of important issues in the era of the judicial system. This paper consists of seven parts, the main content is divided into five chapters. In the first chapter, mainly from two aspects of the network with the Court, the network with the judge to discuss the impact of the network in the judiciary, the judicial body. Have Internet access, the proposed network will be conducive to promote judicial openness and implementation of the supervision by the masses, is conducive to the judicial scientific, democratic, as well as help to streamline the organization and improve judicial efficiency; also pointed out that the Court of the Internet should be the courts at all levels for the Internet Age Note that the conversion concepts, active and full use of information, and to prevent and resolve network security crisis. Or the point of view of the technical experts to explore the impact of the network on the judges, a judge of the Internet age, and pointed out The network era judges should be proficient in the law, well versed in jurisprudence, to strengthen scientific conservation and lifelong learning. In the second chapter, focuses on the impact of the network on the basis of traditional jurisdictions raised due to network lt; WP = 3 gt; disputes with parties contact momentarily space, randomness, multi-party, global decentralization tendencies and characteristics, combined with tort jurisdiction over the case on the network, the network contract disputes jurisdiction depth of that network legal dispute the jurisdiction of the problem, should get rid of the concept of the traditional territorial jurisdiction. The same time, the legal status of the website and the ISP. Chapter major research networks litigation rules of evidence presented in the Internet age, the electronic evidence should be adopted by the Court; disputes fairly technical characteristics of the network, the network action can be the burden of proof inverted; electronic evidence characteristics of electronic evidence collection, preservation, review, presented to put forward their point of view. The fourth chapter on cyberspace law applicable to the problem. More foreign elements of conflict of laws on the Internet, the Internet has no borders, and Internet functions with comprehensive features, the specifications of the Internet on traditional civil conflict, the criminal conflict of norms and tax jurisdiction conflict through the creation of a new connection point use of home rule, the development of the International Institute for the Unification of rules to tackle conflict of laws issues on the Internet. In the fifth chapter, according to the characteristics of the network technology, boldly conceived set of proceedings by electronic text processing of information in the case, litigation information network management, to abandon the physical sense of the court proceedings before the process online network. Although this article to explore theoretical issues, but does not fall into the trap of the theory. The network is a public network, the network method should allow the public to read it to understand that the only way to achieve the purposes of this article - to provide a theoretical reference for future judicial reform.

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On the impact of the network on justice

Abstract

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