| 英文摘要 |
Online litigation is a new form of litigation that has emerged from the deep integration of the judicial system and network technology. When online litigation and offline litigation are parallel, the two litigation methods have equal legal effect, laying the institutional foundation for the litigants’procedure selection rights. Based on the diverse litigation purposes, on the basis of measuring the relationship between judicial fairness and efficiency, the litigants’litigation rights and court trial power, and the procedure selection rights and court review power, the online litigation of our country adopts the partyoriented litigation model to grant the litigants’procedure selection rights. Procedure selection rights of online litigation are procedure formation rights, which is exercised by the consent of the litigants. The consent of the litigants is the carrier of procedure selection rights and the procedures and systems set up around the consent of the litigants constitute the consent rules. When the law grants the litigants procedure selection rights, it also requires them to follow the logic of ensuring their rights and being consistent with their own responsibilities. The online litigation consent rule reconstructs the legal doctrinal relationship between the right to sue and the trial power. According to the two-stage structure theory, the consent of the litigants can be divided into the consent to choose the applicable online litigation method and the consent to choose the specific procedure for online trial of the case. The rules and legal effects of the litigants’consent in the two stages are both related and different. |
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