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Dilixiati Duolikun,
Master’s student,
Belarusian State University
DIGITAL TECHNOLOGY IN CHINA’S JUSTICE
Abstract.
The pandemic in 2020 gave a powerful impetus to the development
of digital technologies and the maximum digitalization of all spheres of public life.
This continued the trend of growing popularity of online education, e-commerce,
online communication, including hosting forums, summits, conferences, meetings,
brainstorming sessions storms, digital online meetings. Some researchers believe that
the global pandemic has been the catalyst of the new, nascent phenomenon of digital
globalization. The court system is not an exemption. This article recognizes the China
approach of digitalizing justice.
Keywords
: artificial intelligence, digitalization; online courts, transparency, legal
proceedings, online auctions, cybersecurity, e-filling, QR code-filling
ЦИФРОВЫЕ ТЕХНОЛОГИИ В ПРАВОСУДИИ КИТАЯ
Аннотация.
Пандемия, охватившая мир в 2020 г., послужила мощным им-
пульсом цифровизации всех сфер общественной жизни. Возросла популярность
онлайн-образования, электронной коммерции, онлайн-общения, включая про-
ведение форумов, саммитов, конференций, совещаний, мозговых штурмов и за-
седаний в цифровом (онлайн) формате. Некоторые исследователи полагают, что
именно пандемия стала катализатором нового зарождающего явления – цифро-
вой глобализации. Цифровая сфера не имеет государственных границ, террито-
риальной принадлежности, не всегда охватывается национальной юрисдикцией
государств. Мир становится свидетелем прихода новой культуры – электронной.
Судебная система не является исключением. В этой статье рассматривается опыт
Китая в цифровизации системы правосудия.
Ключевые слова
: искусственный интеллект, цифровизация, онлайн-суды,
транспарентность, судебное разбирательство, онлайн-аукционы, кибербезопас-
ность, электронное заполнение, QR-заполнение
Digital technologies and law
21
Introduction.
The rule by law is the fundamental method for administering the
country and managing governmental affairs, while justice is a key cornerstone of the
system of rule by law. We believe, nowadays the information and communication de-
velopment index predetermine the leading positions of the “super-powers” in the world
arena, as well as some individual domestic social institutions.
In recent years, in order to improve the quality of life of the population and the devel-
opment of the economy, the introduction of digital technologies in various public spheres is
carried out by each State in its own vector and at its own pace. The digital divide between
individual States exposes the world community to the global problem of the digital divide
between States. In the leading countries of «Industry 4.0» it is difficult to imagine any
branch of production or social industry, in which some digital elements are not introduced.
Digital technologies have been integrated into the legal institutions of pioneer states
for several decades, the rest of the states, in order to keep up with the general mainstream,
actively study their advanced ideas, developments and experience. Already today, China
has achieved remarkable successes in digitizing its economy, production, social institu-
tions and law. The unique experience of digitalization of the law and legal institutions of
the People’s Republic of China represents one of the most topical research topics.
Since 2013, China has been implementing an ambitious strategy for the rule of law
in cyberspace. This period the courts began to implement socially oriented development
ideas, expressed in the implementation of the strategy of China becoming an Internet
power, the state strategy of big data, the program “Internet+, by searching for new oppor-
tunities, methods, forms of in-depth integration of modern Internet technologies into the
judicial process, the preliminary creation of a framework diversified system of dispute
resolution and the implementation of court procedures online, the gradual improvement
of the rules of online litigation, Streamlining and increasing the transparency of domestic
cyberspace, effectively promoting the modernization of State administration systems.
Internet court is a major institutional innovation whereby China’s courts actively
address the judicial needs in the Internet era and implement the Internet power strategy:
in August 2017 – September, 2018 Hangzhou Internet Court, Beijing Internet Court, and
Guangzhou Internet Court were successively established [1. P. 89].
In September 2018, the Supreme People’s Court issued judicial interpretations of
trials before Internet courts, clarifying the jurisdiction, appeal mechanism, online litiga-
tion rules, and requirements for construction of litigation platform of Internet Courts [1,
p. 89]. Internet Courts have actively promoted the “online resolution of online disputes”,
facilitated the online verification of litigant’s identity, online collection of evidentiary
materials, etc., thus significantly improving judicial efficiency.
In Hangzhou Internet Court, the online case-filing rate has reached 91.2%, the on-
line court-session rate has reached 61.9%, the online case-concluding rate has reached
83.6%, the online trial period has averaged 41 days, saving 60% if compared with the
traditional trial mode [1. Pp. 89–90]. The Internet Courts have successfully and effi-
ciently adjudicated a number of difficult and complicated Internet-related cases of new
types, including the ownership of big data, the liability for contracting fault in online
shopping, and the ownership of copyright in artificial intelligence works, thus strongly
promoting the rule of law in cyberspace governance [1. Pp. 89–90].
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I. Legislation of digitization of justice
There are several new legal acts came into force after 2013 in China. Here is a list
of the main ones [9–16]:
The supreme people’s court on the people’s court trial audio and video recording
of a number of provisions of the law release [2017] No. 5, release date 2017-02-22
implementation date 2017-03-01).
The Supreme People’s Court “Several Opinions on Further Strengthening the Work
of Civil Service” Fa Fa [2017] No. 19, Release Date July 19, 2017.
Supreme People’s Court Notice on Further Accelerating the Work of Simultaneous
Generation and In-depth Application of Electronic Dossiers Fa [2018] No. 21, January
16, 2018.
The Pilot Program for Reform of the Complexity and Simplicity of Civil Litigation
Procedures issued by the Supreme People’s Court, Law [2020] No. 10.
The Supreme People’s Court formulated the Implementation Measures for the
Pilot Reform of the Complexity and Simplicity of Civil Litigation Procedures, Law
[2020] No. 11.
II. Digitization of legal proceedings
The convergence of digital technologies has led to profound changes in the way
Chinese courts conduct litigation. The digitization of legal documents, case management
systems, and online case filing platforms has streamlined processes and reduced
paperwork and manual errors. For example, since May 2015, the people’s courts have
introduced the case filing registration system and eliminated the prior examination. The
e-filing system speeds up the filing and processing of cases, increasing efficiency and
reducing administrative burdens. As of 2021, the courts filed over 64.89 million cases,
with an on-the-spot case registration rate of over 95%.
The Chinese courts have been forming a new pattern of case filing with on-the-spot
case filing as main method, with online case filing, self-service case filing, crossregional
case filing, collaborative case filing and so forth as supplementary methods. To file a lawsuit
is more conveniently and quicker, the efficiency of case filing has improved significantly.
As of the end of 2021, 3,044 courts nationwide had introduced online case filing
service, and 2.38 million cases had been filed online; 1,155 courts had provided cross-
regional case filing service, and 120,000 cases had been filed via the cross-regional filing
systems; 1,863 courts had set up self-service case filing areas, and litigants or lawyers had
filed 1.03 million cases by themselves [2]. Few courts in Beijing, Tianjin and Hebei have
established a new mode of collaborative case filing mechanism: litigants’ equal access
to the inclusive, convenient and efficient case filing services provided irrespective of
whereabouts. The People’s Court of Pudong New Area, Shanghai has developed a “QR
code” self-service case filing system, it takes 15 minutes to filed the case [1. P. 107].
Thus, China has built a trial support system and a data-sharing and exchange
system based on big data intelligent services, improved the judicial trial information
resource base, and widely applied big data analysis systems in courts at all levels.
First, a judicial trial information resource base covering core data has been fully
completed. The judicial trial information resource base includes trial execution information,
judicial personnel information, informationization management information, judicial
Digital technologies and law
23
research and judicial government information. The above information constitutes the
framework of judicial big data, through which it is possible to have a glimpse of the
number of cases, the ratio of cases received and closed, the rate of execution in place, the
ratio of persons to cases, and other key elements, thus providing practical data support for
judging judicial efficiency, evaluating judicial justice, and allocating judicial resources.
Second, a nationwide data quality management system has been formed. People’s
court data statistics have gone through three stages: manual card statistics, computerized
statistics and information system statistics. With the in-depth construction of court
informatization and the establishment of data quality management system, the Supreme
People’s Court has formed a nationwide big data management and service platform,
and the Higher People’s Courts have set up judicial data quality control mechanisms
or data governance and control application systems. With the support of the platform
and system, the confidence level of structured data on cases in courts at all levels has
remained stable at over 99% for a long period of time [2].
Third, the two-tier data sharing and exchange system covering the whole country
is functioning substantially. Data exchange and sharing is conducive to improving the
quality and efficiency of data utilization and maximizing the dividends of informatization
construction. Within the courts, the Supreme People’s Court and the Higher People’s
Courts have established a data sharing and exchange platform to guarantee the unimpeded
flow of information and data within the courts; the courts above the high level have
increased their capacity to support the exchange of information on classified networks
to safeguard the security of judicial data and networks; and the intermediate and basic-
level courts have strengthened the capacity of sharing and exchanging data among the
courts to enable the courts to realize data sharing at the cross-tier, cross-network, cross-
regional, and cross-application levels. data sharing across levels, network systems,
regions and applications.
III. Better access to legal information
Digital technology has paved the way for better access to legal information and
resources for both legal professionals and the public. Online databases and legal research
platforms have become indispensable tools for lawyers, judges and academics to help
them learn about the latest case law. In addition, legal information that used to be found
only in law libraries is now readily available to the public, thus contributing to legal
literacy and enabling citizens to understand their rights and obligations.
The so-called “Four Main Platforms of Open Trial of the National Courts of the
People’s Republic of China” have been successively established, namely:
1. China Judicial Process Information Online [5], officially launched from
13.11.2014. As of October 31, 2022, the Judicial Disclosure Network in China had more
than 24 million registered cases, more than 1.1 billion units of open case files.
2. China Judgements Online [6], from January 2014. As of April 30, 2020, the
total number of court documents published exceeded 91.8 million units, and attendance
exceeded 43.8 billion clicks.
3. Open Court Hearing Network of China [7], from September 2016. As of April
30, 2020, more than 6.9 million court cases have been broadcast online through this
network, and the number of page visits exceeded 23.6 billion clicks.
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4. The Executive Production Disclosure Network of China [8] from June 2018.
More than 22.7 million documents have now been published through it.
The good sample of success digitalization in justice is online auctions. In order
to overcome the shortcomings of conventional auction methods, the Supreme People’s
Court, absorbing and distilling the experiences of online judicial auctions in lower
courts, has established a new judicial auction mode that online auctions are general
and traditional auctions are exceptional, and promulgated judicial interpretations
regarding online judicial auctions, requiring full promotion of online judicial auctions
nationwide and improvement of related supporting systems from January 1, 2017. Up
to now, 92.5% of the courts nationwide (namely 3,260 courts) have fully adopted online
auctions, and over 80% of the judicial auctions have been conducted online. Owing to
the implementation of online judicial auctions, the successful auction rate and premium
rate have increased exponentially, and the rate of failed auction and price reduction as
well as the auction costs has dropped significantly. Online actions effectively eliminate
the rent-seeking probabilities, cut off the illegal interest chain, and bring about “zero
complaint” about violation of laws and disciplines during auctions [1. P. 123; 2].
Just in the beginning of reform in March 2017 to December 2018, the courts
nationwide have conducted over 940,000 online auctions and thereby sold over
270,000 items for RMB 604.9 billion, with successful auction rate of 70.8% and
premium rate of 64.3% and saving commissions of RMB 18.6 billion for litigants
[1. P. 123]. To tackle the low efficiency of appraisal during judicial auctions, courts
nationwide have diversified methods of appraisal such as bargaining between litigants,
targeted inquiries, online inquiries and entrusted appraisals, and have established
a unified online appraisal platform. With appraisals becoming more standardized and
informatized, the efficiency of property disposal has been improved and the burden on
litigants has been alleviated.
IV. Enhancing justice transparency
Transparency in the justice system is essential to maintaining the rule of law and
public trust.
“Transparent” means that the public would have online access not only to the
documents in court files, but also to the answers to millions of the most important
questions regarding the system’s performance [4].
In addition to the above-mentioned, Internet services on judicial disclosure, the
courts of the People’s Republic of China are increasingly increasing the scope of their
presence in popular social networks. For example, as of October 31, 2019, in the social
network Sina Weibo (the Chinese analogue of Facebook) 3 585 accounts were registered
to the courts of the People’s Republic of China of various levels, the total number of
subscribers exceeded 81.3 million. network users. The most active and popular of these
accounts is the account of the Supreme People’s Court of the People’s Republic of
China, through which 23,372 publications were posted as of 30 April 2020, the number
of subscribers is more than 17.7 million network users. More than 14,000 publications
have been made on the public WeChat account of the Supreme People’s Court of China,
the number of followers has exceeded 1.51 million [2].
Digital technologies and law
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Digital technology has played a key role in increasing the transparency of China’s
judicial system. The live streaming of court hearings, which is widely promoted, allows
the public to watch court proceedings remotely, thus ensuring accountability and
reducing opportunities for corruption.
V. Artificial Intelligence in the Justice System
Artificial intelligence (AI) has become a revolutionary force in China’s justice
system. Smart contracts, AI assistants, e-reviews, legal AI, lawyers and data synthesis
- these new technologies help lawyers make informed decisions. For example, the “Hi-
Law” team from East China University of Political Science and Law has developed
a project called “Ai Lawyer”, which is an intelligent service system. The intelligent
service system “Ai Lawyer”, developed by the team of “Hi-Law” of East China University
of Political Science and Law, can accurately analyze legal relationship problems and
identify litigation cases through the comprehensive application of large language model
and knowledge map, and give corresponding legal advice [17]. Although the use cases
of AI in the legal industry are not yet popular enough, the end is predictable and is likely
to push the envelope. It is foreseeable that the application of AI in the legal industry will
become more well-established in the future, helping lawyers to provide high-quality
services and better serve the society.
VI. Challenges and Concerns
Despite the many benefits of digital technology, its integration into China’s justice
system is not without challenges. One important issue is the digital divide, which can
make access to justice difficult for marginalized members of society who lack Internet
connectivity or digital literacy. To avoid reinforcing the existing divide, it is important
to ensure inclusiveness.
Cybersecurity is another key issue. As the justice system becomes increasingly
dependent on digital infrastructure, protecting sensitive legal information from cyber
threats becomes even more important. Ensuring the confidentiality and integrity of
digital records is critical to maintaining public trust.
Conclusion.
In the information age, the judicial needs of citizens and companies are
becoming increasingly diverse. The new Chinese judicial system is designed to address
the challenges of making trials even more accessible, convenient, more efficient, more
accurate, more transparent in the country, and to reduce litigation costs.
The use of digital technologies in China’s judicial system has brought profound
changes that affect the conduct of court proceedings, access to legal information, and
the provision of transparency. Therefore, enhancing justice data sharing and exchange,
realizing information and resource sharing, and promoting the intelligent development
of justice and global justice cooperation will surely become the future development
trend in the field of justice.
The People’s Republic of China’s Internet Court Procedure is a crystallization of
modern technical achievements of mankind and the judicial and law enforcement practice
of the justice agencies, it certainly goes with the times and will be further improved in
accordance with the development of society, meeting the needs of the state, society and
individual digital era.
Digital technologies and law
Digital technologies and law
26
References
1. Chinese Court Judicial Reform (2013–2018). The White Paper on judicial re-
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URL: https://mp.weixin.qq.com
