The construction of smart courts in China has picked up speed with the deep integration of
blockchain, big data, Internet of Things, artificial intelligence (AI) and other digital
technologies into courts’ functions, giving people easier access to judicial services while
enabling cases to be handled in a paperless manner.
As smart court construction advances, online handling of cases becomes increasingly
common in China. More and more people in the country can now have their disputes resolved
through a computer, a mobile phone and a couple of apps without leaving their homes. They
can file a lawsuit by logging in certain platforms on their mobile phones, attend court
hearings remotely via videoconferencing, and receive electronic judgment documents.
Recently, the court of Tuanlin township under the people’s court of Poyang county, east
China’s Jiangxi province, resolved a labor dispute over wage arrears efficiently online.
Because the plaintiff and defendant were in two different provinces, the judges presiding over
the case moved the court online with both parties’ consent.
After entering information about the case into the online mediation platform of the people’s
court, the judges mediated their dispute remotely and helped them reach agreement, and later
uploaded the mediation agreement on to the diversified dispute resolution platform of the
people’s court for the plaintiff’s and defendant’s signature. Then they sent the signed
electronic agreement to the two parties. The entire mediation process was completed in less
than one day.
Throughout the process, the plaintiff and defendant completed relevant procedures through
their mobile phones, which, according to them, was really convenient and fast.
At present, courts in a large part of China allow online case filing, submission of materials,
application for reading case files and court hearings, which greatly benefits judges, lawyers
and litigants.
In offline trials, digital technologies are also of great help. For example, courts in Shanghai
and other places have adopted blockchain technology to record or videotape court hearings
and thus no longer need to print paper court records.
In addition, apps, online platforms and other forms of mobile court functions are also
improving.
As COVID-19 infections continue to rise around the world, the importance of smart courts
has become more prominent. Online case filing and handling has not only effectively
safeguarded people’s safety amid the pandemic, but demonstrated humanistic care in judicial
services.
Last year, more than 11.4 million cases were filed online and nearly 1.28 million hearings
were held online in China, according to a report on the work of the Supreme People’s Court
of China (SPC).
A total of 1.71 billion pieces of evidence were stored on the judicial blockchain, with notable
effects on verification and tamper-proofing during the service and storage of electronic
evidence; 220 big data reports on economic and social development were formed in Chinese
courtrooms, which proved that data-assisted decision-making in the courts can help with
social governance; knowledge-as-a-service platforms covering business scenarios such as
similar case push notification, credit evaluation and trial supervision provided services for
Chinese courts for 140 million times, the report said.
In recent years, the construction of relevant systems and platforms for smart courts has
gathered pace in China.
After registering and logging on a WeChat mini-program launched by the SPC, people can
find the lawsuits they are involved in and choose a court for online mediation and litigation.
The platform integrates China’s general litigation services and functions including mediation,
case filing, case file access, service of legal papers, attachment and authentication with the
characteristic services and functions of local people’s courts and is able to meet people’s
needs for one-stop online judicial services.
Since 2021, three sets of rules released by the SPC on online litigation, mediation and
functioning of the people’s courts, respectively, have been officially implemented.
The three sets of rules, which focus on different aspects and coordinate with and complement
each other, have formed a trinity system of rules, and are expected to help gradually establish
a system of rules on Internet-based judicial services to provide judicial guarantee for digital
transformation in the economy and society.
China’s Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social
Development and the Long-Range Objectives through the Year 2035 noted that the country
will strengthen smart court construction.
A national meeting attended by presidents of the high people’s courts held in January made
arrangements for the work of the people’s courts in 2022, requiring the people’s courts to
apply the online trial mechanism reasonably and accurately to protect the parties’ rights to
choose and to know. It called on the people’s courts to resolutely abandon the wrong idea that
“online trial” equals “simplified trial” and ensured that online litigation reduces costs without
compromising on quality and improves efficiency without undermining litigants’ rights.
The people’s courts in China will promote the application of emerging technologies such as
5G, blockchain, and AI to provide intelligent, integrated, and collaborative services for judges
and the people. They will also strictly delineate boundaries for technologies and ensure data
security so that judicial impartiality and neutrality will not be impaired because of excessive
intervention of technologies.
