중국 전자소송의 발전 및 문제점

The Development and Challenges of Electronic Litigation in China

With the development of modern science and technology, a few developed countries have established electronic systems and equipments for various legal proceedings and implemented electronic litigations by making use of information and communication technology. Given the high rate of Internet penetration, China is also positively urging the electronic litigation and some jurisdictions have started to apply electronic litigation in their court trials. The practice of electronic litigation in China can be categorized into the “stage-based” model and the “whole-process” model. The “stage-based” model means electronic technology may be applied in one or more of the stages in a proceeding such as filing of claim, court trial, submission of evidence and cross-examination, service of court files and enforcement of judgement. The application of electronic technology in various stages of a proceeding has greatly enhanced judicial efficiency. On the other hand, the “whole-process” model means the electronic technology is used through the whole process of a court proceeding. Jilin Electronic Court, Hangzhou Internet Court, Beijing Internet Court and Guangzhou Internet court are representative cases of the “whole-process” model of electronic litigation in China. During the past years since the formal establishment of diplomatic relations between Korea and China, the trading amount between the two countries has risen substantially and two countries’ enterprises and private capital have formed a wide variety of partnerships in a great many areas. During the course of cooperation, it is inevitable that a large number of disputes arise due to differences in culture and business philosophy of the two countries. Therefore, I believe it will be helpful for Korean enterprises to understand and follow up on the most recent developments of litigation in China, which is the most common dispute resolution. Under such background, this article introduces recent development in electronic litigation in China, differences between “stage-based” model and “whole-process” model, procedures, case types with jurisdictions and characteristics of four established Internet courts, and further analyses the challenges as well as suggestions for improvement on the electronic litigation in China.