The “slang” and “innuendo” in the rice circle also constitute infringement. If the “reward” income brought by the online infringing speech is recognized as illegal income, the court can confiscate it… On December 19, 2019, the Beijing Internet court jointly issued the Research Report on the “pink silk culture” of the Beijing Internet court and the anomie of teenagers’ online speech, Quickly boarded the microblog hot search list.

You can apply for an appeal at any time 24 hours a day, a text message can be successfully delivered, a video phone can complete the trial process, and you don’t have to go to the court… All these novel things have become a reality in the Internet court.

At present, Internet courts have been established in Hangzhou, Beijing and Guangzhou. The average time of online trial is 45 minutes, which saves about 3 / 5 of the time compared with the traditional trial mode.

How can I file a lawsuit without running to the court? How does Internet technology deeply integrate with judicial trial? How to establish the new Internet litigation rules? Recently, this newspaper went into the Beijing Internet court to find out.

“24 hours without closing”

You can “appear in court” at home

We came to building 3, yard 2, East Road, Beijing Automobile Museum. This is the Beijing Internet court.

Compared with the traditional court, it looks like an Internet company: in the hall on the first floor, AI robots (14.510, – 0.12, – 0.82%) are on standby to answer visitors’ questions; In the online litigation experience area, AI intelligent judges, in the image of a virtual judge, smile and answer questions related to online litigation… In this place that embodies a sense of science and technology and modernization everywhere, hundreds of Internet related cases are closed every day, from Internet related copyright ownership and infringement disputes to online shopping contract disputes and online tort liability disputes, All kinds of Internet related cases have been dealt with intensively here.

Under normal circumstances, if the parties want to file a lawsuit, they often need to spend money to hire a lawyer, write documents, modify documents, get up early to queue up in the court, and run a whole set of procedures; Here, the parties to relevant cases only need a mobile phone or computer with internet access to log in to the electronic litigation platform of Beijing Internet court. An online trial can be completed anytime, anywhere.

Zhang Wen, party secretary and President of Beijing Internet court, said that the e-litigation platform of Beijing Internet court has deeply used technologies such as voice recognition, face recognition, AI virtual judge and legal knowledge map to integrate multiple platforms such as multiple mediation, trial execution, electronic evidence storage and electronic delivery, so as to realize from prosecution, mediation, filing and delivery to court trial The whole process of judgment, execution and appeal is “online”.

How does this “anytime, anywhere” work?

Beijing Internet court provides “24-hour non closing” full process online litigation services. In addition to online application and acceptance, there are also 24-hour offline manual service hotlines. If the parties encounter problems in the process of online litigation, they can consult by telephone at any time.

Beijing Internet court provides judges with strong technical, team and platform support.

In terms of technology, efforts have been made to solve trial problems by scientific and technological means. The integrated legal knowledge atlas system provides convenient automatic document generation service, which greatly improves the efficiency of judges’ trial. At present, the average trial cycle of each case is about 55 days, which is more time-saving than the traditional trial mode.

In terms of team, a small trial team is usually composed of a judge, a judge assistant and two clerks. She Guiqing, vice president of Beijing Internet court, said in an interview: “we have provided powerful resources and platform support for judges, established contacts with 10 universities, relevant administrative institutions and influential Internet companies, and maintained the same frequency resonance with the industry and academia.” we encountered difficulties in the trial of the case, Judges can obtain the most professional opinions in all aspects through these channels. When new types of cases are judged, the court will also interact with the administrative department and the industry to carry out collaborative governance in many aspects such as social release and value guidance.

When the plaintiff is out of town and the defendant’s agent is on a business trip on the high-speed railway, what should we do when the Internet infringement case opens?

Don’t worry, “multi-functional, whole process and integrated” electronic litigation platform can solve this problem. During the visit, the author put on VR (virtual reality) glasses and saw the live broadcast of the network Court on the fifth floor. The judge, the judge assistant and the clerk face three computer screens for online trial. On the screen are the pictures of “plaintiff”, “defendant” and “judge” respectively. The speeches of the judge and the parties in court have been converted into words in real time. The speech recognition technology with recognition accuracy of 98% has greatly improved the work efficiency of the clerk and the judge in making conversation transcripts, documents and meeting minutes.

Sun Mingxi, director of the Trial Management Office of Beijing Internet court, introduced that the judge can directly present the materials involved in the case, such as picture evidence, on the screen, mark and circle the key points. When the plaintiff and the defendant argue fiercely and need to be stopped, the judge can also choose to “turn off the microphone” or “turn off the camera” and other fast and effective operations.

Different from the solemn and solemn traditional court, the parties participating in the “online trial” can participate in the whole trial without the limitation of time and place. The author saw that some parties were holding their chin to state to the camera, and some parties were at home facing their mobile phones to participate in the trial.

“Online trial of cases makes legal proceedings lower carbon, environmental protection, convenient and efficient.” Zhang Wen said that in 2019, 42114 cases were filed online by Beijing Internet court, 40083 cases were concluded, and 871 cases were concluded by judges per capita; The average trial time is 34 minutes and the average trial period is 55 days. According to relevant statistical standards, the average cost saved for the parties is nearly 800 yuan and 16 hours on the way.

Blockchain deposit certificate

Traceability of electronic evidence

In addition to face recognition technology, speech recognition technology and instant messaging technology, the application of blockchain technology is also the top priority of Internet litigation mode.

Based on this technology, Beijing Internet court established the balance chain electronic evidence platform.

For example, suppose there is an online shop that sells 100 yuan for every piece of clothes. While silently brushing the screen, the neighbors take a small notebook and write down “A’s online shop sells 100 yuan for every piece of clothes” marked as “A1”. B thought it was affordable, so he bought one in the store, so the neighbors silently wrote down that “B bought a dress for activities in a’s online store”, marked it as “A2”, and marked that the whole dress came from “A1”.

One day, a said that this dress was worth 800 yuan, and B didn’t give enough money! The neighbors jumped out. Your clothes were doing activities at that time! It’s 100 yuan. That’s right! A refuses to admit it, so B will take out A1 and A2 written down by his neighbors and show them to a. a can’t deny it.

These neighbors are actually the node units on the balance chain. The balance chain is actually a relationship network connecting these neighbors with blockchain technology and confirming the facts.

Look, it’s hard to lie.

“Under the traditional trial mode, it is common not to recognize the authenticity of evidence. A high proportion of cases will apply for appraisal, which risks delaying litigation to a certain extent. However, for the evidence verified by the judicial blockchain, it has a high degree of recognition and trust, rarely applies for appraisal or inspection procedures, and the parties show more integrity and goodwill,” she Guiqing said, Practice has proved that blockchain technology has the characteristics of decentralized trust mechanism, non tampering and traceability. It can open up a large application space in the judicial field and objectively promote the establishment of Internet trust system.

On April 9, 2019, the first judgment of Beijing Internet court using “balance chain” evidence was released. In the case, a picture of the registered company’s copyright was used by the defendant company in its official account. The plaintiff asked the defendant to pay compensation of 7000 yuan and reasonable expenses of 3000 yuan to stop the defendant’s infringement.

How did the “balance chain” play a role in this case?

It turned out that the plaintiff company had applied to the third-party deposit platform for the deposit of infringing electronic data, and stored the summary data of the copyright blockchain on the “balance chain” through cross chain operation. Through big data monitoring, it was found that the electronic data stored by the plaintiff on its platform was infringed, and the relevant infringing picture clues were collected through the copyright chain and stored on the “balance chain” again.

When the lawsuit occurred, the electronic litigation platform of Beijing Internet court called the “balance chain” for automatic verification. The verification results showed that the evidence involved in the case had not been tampered since it was deposited on the “balance chain”, and the result of “successful verification” of blockchain deposit was obtained.

Zhu Ge, a judge of Beijing Internet court, introduced to the author that the “balance chain” has reduced the burden on judges. The cumbersome forensics and verification links in the past are now simplified to “green hook” and “red fork” here. It is clear at a glance whether the evidence has been tampered with.

It is understood that the Beijing Internet court has continuously enriched the “ecology” of the balance chain. At present, it has included copyright, copyright, supply chain finance, electronic contract, third-party data service platform, Internet platform, banking, insurance, Internet Finance and so on. As of December 31, 2019, the balance chain has collected more than 13.48 million pieces of online evidence data. All the materials submitted by the parties through the electronic litigation platform were deposited through the balance chain, and 4290 evidence documents were verified online.

There’s a story about the online case

Legal rules to escort

Internet courts have centralized jurisdiction over Internet cases, and many Internet disputes are characterized by new types, wide fields, strong technicality and high complexity. Through the trial of Internet cases with certain social influence, they have constantly clarified the rules of cyberspace transactions, behavior norms and rights boundaries, and improved the system of Internet Judicial Adjudication Rules, Promoting the legalization of cyberspace governance is not only the mission of the Internet court, but also its most important innovative exploration.

For example, the “textbook cheating” reputation case, the “wechat red envelope chat bubble” copyright case and unfair competition case, which have aroused heated discussion, some difficult new cases in the industry have been tried and concluded in the Beijing Internet court.

“In the face of the rapid development of the Internet industry and its multiple new challenges, the relevant judicial organs need to comply with the trend of the times, actively establish rules to continuously promote the legalization of cyberspace governance, so as to escort the development of new business forms of the Internet,” she Guiqing said.

In the fight against network chaos, the judgment of the Internet court showed the “just” side.

In the app store, a humble app “quickly became popular”, which is confusing; On video websites, the number of online dramas is often billions. On average, “every Chinese has watched it more than once”; For some stars, the forwarding volume of a single microblog exceeds 100 million, which is incredible. Where does the amazing traffic come from? Many are made by brushing. But how? Who will brush it? How to profit from it?

In May 2019, the Beijing Internet court heard the first case of “dark traffic” service contract in China, thus establishing the judgment rule of “invalid contract concluded for the purpose of” dark traffic “transaction”.

In this case, the two parties reached an agreement on “network dark brush service” through wechat, and have traded three times. At the fourth time, the defendant believed that the traffic put in was false and only agreed to pay the plaintiff about half of the agreed amount. Therefore, the two sides had a dispute.

Finally, the judge ruled that such a contract was invalid and confiscated all the illegal benefits obtained by both parties through this contract. Both parties in this case have failed, which shows the negative attitude of the judiciary towards such acts and has produced good social effects.

When protecting the creation of new Internet content, the judgment of the Internet court shows its “soft” side.

Taking the first case accepted by the Beijing Internet court as an example, “tiktok short video copyright case” not only protects the copyright of new types of positive energy works, but also encourages the creation of excellent cultural products.

The video involved was a 13 second short video produced and released by tiktok user “black face V”, and then the watermark that should have floated on the page was erased and appeared on the partner shooting platform. Tiktok platform sued the platform to the court to stop the infringement and compensate for the losses.

During the interview, president Zhang Wen, as the presiding judge, introduced the main points of the judgment behind the case to the author: the most controversial is whether the only 13 second video involved is original, so it needs to be protected by the copyright law.

“For this reason, we specially held a meeting of judges to discuss and consult professionals, and finally affirmed the originality of the short video involved in the case according to the judgment principle of ‘independent completion and creativity’.” Zhang Wen said.

“The judgment of this case is of milestone significance,” Zhang Wen said. “Many Internet industries want to seek the protection of copyright law in Internet courts. We should also fit in with the development of the industry and play a guiding role in the industry.”

In addition to the above cases that directly promote the legalization process of the Internet industry, the Beijing Internet court also promotes the application and protection of new technologies by responding to the frontier issues of the Internet, clarifying the essence of new concepts and defining new rules.

The exploration made by Beijing Internet court has attracted attention all over the world. In 2019, the Beijing Internet court has received 47 foreign visitors, covering 44 countries and regions on 6 continents such as the United States, Britain, France, Canada, Japan, Poland and Australia.

Felix Braz, Deputy Prime Minister and Minister of justice of Luxembourg, said: “it seems that we have come to the future world! We will learn from the Beijing Internet court.”

Responsible editor: CT

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