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Issue 63
"Lin Mou, in view of the fact that you have been abroad for a long time, the court needs to confirm with you again, why did you change your password many times?"
A few days ago, in the first court of the Shanghai Financial Court, Judge Wang Chengye, the chief judge, was inquiring about Lin Mou, who participated in the trial online.
Lin Mou is an appellant in a savings deposit contract dispute case, who is in Canada and cannot return to China to participate in the litigation due to the epidemic. In order to fully protect their legitimate rights and interests, a cross-border cloud trial has begun...
A combination of online and offline
A cloud trial "spanning the eastern and western hemispheres"
In 2011, Lin made a deposit in a bank in Hangzhou. A year later, the deposit was gone. Lin found that the money was maliciously transferred through the online bank by inquiring the bank flow, but Lin said that he had never opened an online bank, so he filed a complaint and sued the bank in court, requesting that the bank be ordered to return the deposit principal and the corresponding interest. After the first-instance judgment, both parties appealed to the Shanghai Financial Court.
In order to find out the ins and outs of the case, the collegial panel unanimously held that it was necessary for Lin himself to appear in court and be questioned about the relevant facts of the case. However, due to The fact that Lin is in Canada, he is temporarily unable to return to China due to the impact of the epidemic. In line with the principle of facilitating the parties to participate in the litigation, reducing the litigation burden of the parties, and handling the case efficiently and conveniently, the collegial panel decided to let Lin participate in the litigation through remote online means.
Different from the previous Internet trials, this cross-border trial was conducted in a combination of online and offline methods. Lin Mou, who is far away in Canada, participated in the trial through online means, and the entrusted litigation agents of both parties appeared in court offline. Lin Mou, who is at the far end of the Internet, can not only "air" an all-round understanding of the entire trial scene, but also obtain the evidence material picture pushed by the judge in real time through the electronic evidence display system, and express opinions accordingly, and the trial fully realizes the "face-to-face" and "contactless" communication mode, which greatly improves the efficiency of the trial.
●The picture shows the electronic display system
Multi-party guarantee
Putting fairness and justice "within reach"
In order to ensure the smooth progress of this cross-border trial, the Shanghai Financial Court has worked together to ensure that the legitimate rights and interests of the parties are not dropped.
Taking into account the time difference of more than ten hours, the judge deliberately coordinated with the consent of all parties to arrange the hearing time in the Canadian evening so that all personnel could participate in the trial smoothly.
The staff of the technical department contacted Lin in advance to guide him to download, install, log in, skillfully operate the online trial system, and debug the equipment many times to ensure the smooth progress of the trial.
"Half an hour before the trial, the equipment will be debugged again" "We must ensure the smooth progress of the trial", the presiding judge Yu Ji has also repeatedly instructed the judge's assistant to do a good job of docking with the technical department.
In order to prevent obstacles to long-distance signal transmission, technicians carry out on-site support throughout the process to ensure that the online trial is held smoothly as scheduled.
●The picture shows the scene of the cross-border trial
During the trial, the voice was smooth, the picture was clear, and the whole trial was standardized and orderly. All parties fully expressed their opinions under the auspices of the presiding judge. After the end of the online trial, the clerk immediately uploads the trial record, and the parties use electronic signature technology to immediately sign and confirm online, and the case will be announced at a later date.
"It's really convenient to be able to participate in litigation without returning home. I am very grateful to them! Lin gave a high evaluation to this kind of time and space boundaries, convenient and efficient trial methods and perfect judicial service guarantees.
Building a "Bridge" of Information to China and Abroad
The achievements of the construction of smart courts solve the "cross-border" problem
As the construction of Shanghai international financial center enters the 3.0 era, cross-border capital flows and foreign-related financial services are becoming increasingly active, and the foreign-related financial cases accepted by the Shanghai Financial Court are also on the rise, and overseas parties cover more than 30 countries and regions such as Asia, Europe and Latin America. This cross-border trial is not unique in the Shanghai Financial Court. Since its establishment, especially since the outbreak of the epidemic, the Shanghai Financial Court has tried and resolved a number of cross-border financial dispute cases through online means.
How to solve the "cross-border" trial problem and make online trial more convenient? The Shanghai Financial Court continues to expand the new space for Internet trials.
The country's first intelligent interpretation system for trial trials supports real-time transliteration of case trials, simultaneous translation between Chinese and English, and live broadcast on the Internet; financial wisdom courts are equipped with seven systems: smart interpretation, Internet trials, file access, electronic evidence display, trial command, and trial assistance. The Shanghai Financial Court deeply integrates modern technology and financial adjudication, so that the concept of equal protection of the legitimate rights and interests of Chinese and foreign parties runs through the whole process and all links of the online case handling.
The Shanghai Financial Court will continue to explore and innovate, improve the level of professional litigation services, and provide more fair, efficient and convenient financial judicial services for domestic and foreign parties.
Source| Shanghai Financial Court
Text: Zheng Qian, Wang Jingyu
Photograph: Chen Wei
Responsible editor | Qiu Yue