Judicial Interpretations of Provisions of the Supreme People's Court on Several Issues Concerning the Hearing of Cases by Internet Courts

• Author: Zhou Yuhang
• Pages: 176-181

3.3 CLU3_ZHOU YUHANG.DOC (DO NOT DELETE) 2018/12/21 3:51 PM

176 TSINGHUA CHINA LAW REVIEW [Vol. 11:175

JUDICIAL INTERPRETATIONS OF PROVISIONS OF THE

SUPREME PEOPLE’S COURT ON SEVERAL ISSUES

CONCERNING THE HEARING OF CASES BY INTERNET

COURTS

Zhou Yuhang

I. INTRODUCTION

On August 18, 2017, China’s first Internet Court was established

in Hangzhou, Zhejiang Province. By the end of August 2018, the

Hangzhou Internet Court had accepted and heard 12,103 Internet

cases and concluded 10,646 cases. An online trial process takes only

28 minutes on average and the average trial period is 41 days, saving

60% of the time compared with the traditional trial procedure.1 In

the past year, the Hangzhou Internet Court created a successful

model that can be replicated and promoted across China. In this

regard, the Beijing Internet Court and the Guangzhou Internet Court

were subsequently established on September 9, 2018 and September

28, 2018, respectively.

In order to regulate the litigation system of the three Internet

Courts in China and protect the legitimate rights of the parties and

other participants during the litigation process, on September 3,

2018, the Supreme People’s Court Judicial Committee issued the

“Provisions of the Supreme People’s Court on Several Issues

Concerning the Hearing of Cases by Internet Courts”2 (hereinafter

referred to as the “Provisions”).

The Provisions covers a broad range of matters in connection

with the jurisdiction of the Internet Courts, the appeal mechanism,

and the requirements for the construction of the Internet litigation

platforms.3 It also clarifies the online litigation procedural rules

1 Qiao Wenxin (乔文心), Zuigao Renmin Fayuan Sigaiban Fuzeren jiu Hulianwang Fayuan Shenli

Anjian Sifa Jieshi da Jizhewen (最高人民法院司改办负责人就互联网法院审理案件司法解释答记

者问) [The person in charge of the reform office of the Supreme People’s Court responded to the

judicial interpretation of th e trial of the Internet Courts], RENMIN FAYUAN BAO (人 民法 院报)

[PEOPLE’S CT. DAILY], Sept. 8, 2018, http://rmfyb.chinacourt.org/paper/html/2018-09/08/content_1433

23.htm?div=-1.

2 Zuigao Renmin Fayuan Guanyu Hulianwang Fayuan Shenli Anjian Ruogan Wenti de Guiding

(最高人民法院关于互联网法院审理案件若干问题的规定) [Provisions of the Supreme People’s

Court on Several Issues Concerning the Hearing of Cases by Internet Courts] (promulgated by Sup.

People’s Ct., Sep. 6, 2018, effective Sep. 7, 2018) (WestlawChina).

3 Id.