关键词: 互联网法院, 行政案件, 功能定位, 实践样态, 路径展开

Abstract:

The establishment of Internet courts is the trend of the Internet era, which is consistent with the major strategic initiatives to build cyber power and legal state. Under the macro background of the current court informatization construction, in order to highlight the core value of Internet courts, we should further strengthen its functional positioning of exploring new rules of judicial governance in the Internet field. Internet courts have explored many new rules in the field of civil litigation, but there are few new rules in the field of administrative litigation. Some Internet-related administrative cases belong to the scope of Internet courts, but the scope of judicial interpretation is limited, and in judicial practice, there are few substantive trial cases, a single type of cases, a high rate of appeal, and inconsistent judgment standards. These factors directly or indirectly affect the effectiveness of Internet courts in exploring the litigation rules of administrative cases involving the Internet. From the perspective of system design and practical operation, we should further expand the scope of administrative cases heard by Internet courts in the future, improve relevant supporting system rules, and give administrative counterparts the right to choose procedures to bridge the possible digital gap between them and administrative organs to further realize the functional positioning of Internet courts.

Key words: Internet court, administrative cases, functional positioning, practice pattern, path