Procedural Aspects of Proof in China’s Internet Courts: Opportunities for Receiving BRICS Jurisdiction

The research goal of this scientific research is to identify specific features of the proof procedure in the Internet courts of China, which is characterized by the use of advanced digital technologies, such as blockchain, electronic evidence, voice and visual individualization of participants in the process, and others. It is proved that: 1) the Introduction of digital technologies in the process of proving simplifies the process; 2) the Need for a special online trading platform, connecting all participants and their actions, as well as including dispute resolution; 3) change of the civil proceedings; 4) the Need for legislative regulation of the use of digital technologies in legal proceedings; 5) increasing the efficiency and promote judicial form of rights protection. It is concluded that civil procedural legislation is not the basis for such changes, but only the result of ongoing changes in electronic Commerce. Digital technologies used in the process of protecting rights and legitimate interests have proven their effectiveness, but only within individual countries. It is proved that the ongoing changes in the judicial process radically change the foundations of justice, and create new basic principles of the entire civil process. International economic integration of the BRICS countries can become the basis for creating an online trading platform which is not advisable to include all possible services, including for dispute resolution. Such changes can seriously increase the movement of capital in these countries and increase their investment attractiveness. © 2021, Springer Nature Switzerland AG.

Authors
Conference proceedings
Publisher
Springer Science and Business Media Deutschland GmbH
Language
English
Pages
1598-1605
Status
Published
Volume
198
Year
2021
Organizations
  • 1 People’s Friendship University of Russia (RUDN University), Moscow, Russian Federation
  • 2 Vladivostok State University of Economics and Service, Vladivostok, Russian Federation
  • 3 Far Eastern Federal University, Vladivostok, Russian Federation
Keywords
Blockchain; BRICS; China; Civil process; Digital justice; Digitalization; Electronic evidence; Internet court; Proof
Date of creation
20.07.2021
Date of change
20.07.2021
Short link
https://repository.rudn.ru/en/records/article/record/74445/
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