The 4th anniversary of the establishment of the Guangzhou Internet Court, creating an Internet judicial engine in the Guangdong-Hong Kong-Macao Greater Bay Area

According to statistics from the Ministry of Commerce, by December 2021, the number of Chinese netizens will reach 1.032 billion, the number of online shopping users will reach 842 million, and the number of online takeaway users will reach 544 million.

New formats and models of the digital economy are emerging one after another, and the total amount of the digital economy has jumped to the second place in the world, becoming an important source of innovation leading the global digital economy.

While the Internet has brought great convenience to human beings, it is also inevitably accompanied by various online transaction disputes and online infringements.

In order to meet the needs of Internet development and judicial practice, in July 2018, the Central Committee for Comprehensively Deepening Reform reviewed and approved the "Plan on the Establishment of Beijing Internet Court and Guangzhou Internet Court".

On September 28, 2018, the Guangzhou Internet Court was officially established, becoming the third Internet court in the country after Hangzhou and Beijing.

On September 28, 2022, the Guangzhou Internet Court will celebrate its fourth anniversary.

Over the past four years, Guangzhou Internet Court has adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and has gathered consensus on the idea of ​​governing the Internet according to law. Unique and world-leading Internet judicial model, striving to achieve a higher level of digital justice.

Click on the image to jump to the newspaper page.

Guangzhou Internet Court, located on the 48th-53rd floors of Global Trade Center, Xingang Middle Road, Haizhu District, Guangzhou City, is known as the "Cloud Court".

It is located in the Guangzhou Artificial Intelligence and Digital Economy Pilot Zone and the Haizhuyun Upper Area of ​​the Central Legal District of Guangzhou Bay Area. Looking out from the floor-to-ceiling windows of the court, the Pearl River is not far away, and there are many office buildings of leading Internet companies nearby. It brings together dozens of Internet industry leaders and 800,000 high-end industry talents such as Tencent, Alibaba, Xiaomi, and iFLYTEK.

Building an Internet judicial engine in the Guangdong-Hong Kong-Macao Greater Bay Area is the goal set by the Guangzhou Internet Court since its establishment.

The first-instance service rate is 98.25%, and the automatic fulfillment rate is 86.67%.

The court currently has centralized jurisdiction over 11 types of Internet cases within the jurisdiction of Guangzhou that should be accepted by the basic people's courts. Since its establishment, it has accepted a total of 192,000 cases and concluded 184,000 cases. The first-instance judgment rate is 98.25%, and the automatic fulfillment rate is 86.67%. The quality and efficiency of case handling ranks among the top in the country.

The establishment of the Internet Court is an innovation of the times in the context of informatization in the world's judicial history.

The three Internet courts represented by the Guangzhou Internet Court have opened up a new realm of justice, and have produced a series of major innovations in line with the characteristics of the Internet era in terms of litigation technology, court form, trial mode, adjudication rules, and social governance. .

At 2 o'clock in the morning, there are still people who file a lawsuit online and complete the upgrade from the PC to the "fingertip"

In the past four years, Guangzhou Internet Court has taken the lead in exploring and deeply applying cutting-edge technologies such as 5G, blockchain, big data, artificial intelligence, etc., and is committed to creating and improving a new model of full-process online litigation, producing a large number of "black technologies" that are convenient and beneficial to the people. .

At the beginning of the establishment of the Guangzhou Internet Court, slogans and goals such as "online trial of online disputes" and "build a full-process online litigation model" were somewhat suspicious to the public.

"Everything is done online, can it be achieved technically?" But soon, this goal has become the new normal of Internet justice in the continuous technological innovation and iterative upgrading, and with real convenience, the public can directly call "grounded" gas".

Currently, Guangzhou Internet Court provides "24-hour open" litigation services, and the 5G smart trial platform built by the court supports parties to submit applications online around the clock.

The large data screen in the exhibition hall of the hospital shows that people who have applied to the Guangzhou Internet Court for filing cases through the 5G smart trial platform are located in more than 30 provinces across the country, including online consumers in Xinjiang, Internet technology companies in Hainan, and Hong Kong and Macau. Haitao platform merchants, etc.

"From 12:00 to 13:00 every day is the peak period for filing cases, but sometimes people apply for filing online after 22:00 pm or even 2:00 am."

The 5G smart trial platform has been continuously optimized, integrating 29 online litigation services such as litigation consultation, information inquiry, and material submission, making the litigation experience of "no need to run once" smoother and easier.

Up to now, the platform has received 12,096,700 visits, the online case filing rate is 99.88%, and the online court trial rate is 99.76%. The average online trial time and average case trial cycle are 3/5 and 2/3 respectively compared with the traditional trial mode.

Incubation of 5G virtual intelligent court - during the "YUE court" epidemic, judges isolate themselves at home and handle cases correctly

At the beginning of the establishment of Guangzhou Internet Court, there were still several substantive trial courts. However, in most cases, the parties do not need to come to the court to participate in the hearing, but can participate in the hearing remotely from a law firm, office, or even at home.

In order to further facilitate the participation of parties and lawyers in remote court trials, Guangzhou Internet Court has successively set up convenient terminals "E-Law Kiosk" that can provide integrated litigation services in Guangzhou, Hong Kong, Macau and other places.

The convenience facility integrates eight functions, including self-service case filing, remote court hearing, intelligent delivery, and online mediation, and has opened up the "last mile" of Internet judicial services.

The arrival of the COVID-19 pneumonia epidemic has made it difficult for people to move across regions. Relying on the Judicial Science and Technology Innovation Laboratory, Guangzhou Internet Court took the lead in incubating an online litigation technology during the epidemic prevention and control period: 5G virtual intelligent court - "YUE court".

The 5G intelligent virtual court - "YUE Court" launched by Guangzhou Internet Court can help judges handle cases at home under special circumstances. Photo courtesy of the correspondent

In May 2021, the situation of epidemic prevention and control in Liwan District, Guangzhou City suddenly became severe. Judge Feng Libin started home isolation because he was in the closed and controlled management area.

In order not to affect the hearing as scheduled, colleagues delivered robes, gavels, uniforms, green screens and other items to Judge Feng by unmanned vehicles.

At the same time, the "YUE Court" technology came in handy again. With only a laptop and a green screen, Judge Feng, who was working from home, sat in the center of the court as usual in the live broadcast of the court trial. Court elements such as seats and national emblems are readily available. His study was transformed into a solemn court...

"YUE Court" has provided a new "opening method" for online trials, and judges and people's jurors can hold court sessions "synchronized in different places and in the same frame" during special periods such as epidemics and typhoons.

According to statistics, in May 2021 alone, 2 judges who are isolated at home will use the "YUE Court" to hear 134 cases.

At present, the online litigation technology achievements explored by the Guangzhou Internet Court during the epidemic prevention and control period have formed a replicable and scalable experience, and successfully helped 27 courts in the Guangdong-Hong Kong-Macao Greater Bay Area to complete the integrated deployment of the intelligent litigation system. Judicial trials continue to be empowered.

On-line 5G smart card review system, parties can answer and cross-examine at different times and places

If the Internet judicial trial version 1.0 only realized the trial in the same frame in different places, the judge, the plaintiff, and the defendant still need to go online at the same time to complete the trial.

This year's newly launched "black technology" - "All in message 5G intelligent review card" system, opened the Internet judicial trial version 2.0.

Guangzhou Internet Court held a press conference to launch the "5G Smart Review Card" system for Internet financial disputes. Photo courtesy of the correspondent

The outstanding feature of this system is that there is no need to install and download any APP. The parties can contact the judge at different times and places with just a click of a mobile phone text message, and complete the entire litigation process such as statement, defense, evidence, cross-examination, mediation, etc., which can be said to be a real breakthrough. Time and space constraints, in the "everyone fingertips era" to meet the diverse judicial needs of the people in a timely manner.

Create the "E-Chain Cloud Mirror" intelligent execution analysis system and use big data to portray the "untrustworthy persons subject to execution"

In addition to technological innovations in the filing and trial stages, the Guangzhou Internet Court has continued to promote practical solutions to enforcement difficulties over the past four years.

The balance in the bank account of the person subject to execution is only a few dozen yuan, and there is no house or car in his name, so he really has no ability to perform?

"The system shows that Wang has earned 4.86 million yuan in online live broadcasts. Among them, after the expiration of the effective judgment performance period, the live broadcast has earned 870,000 yuan, which is obviously a situation where he has full performance ability but refuses to perform." The enforcement judge found that.

It turned out that the Guangzhou Internet Court's "E-Chain Cloud Mirror" intelligent execution analysis system made an "accurate portrait" of the person being executed.

Lai Junbin, executive director of the court, said that the creation of the "E-Chain Cloud Mirror" intelligent execution analysis system is a major innovative measure for the court to actively use cutting-edge technologies to strengthen its execution and improve its judicial big data analysis service capabilities.

Relying on this system, the court can dig deep into the network activity track and property clues of the person subject to execution, so that the person subject to execution who has the ability but refuses to perform is "invisible".

The Guangzhou Internet Court has also launched the "E-ask bailiff" mobile smart enforcement case handling system. The parties can communicate with the enforcement judge 24 hours a day through their mobile phones, and complete the procedures of property declaration and enforcement investigation. It is easy to use for all levels of parties.

Created the "ZHI system" for all-element trial of copyright disputes, and the accuracy rate of intelligent generation of judgment documents reached 95%

In the past four years, Guangzhou Internet Court has also launched a variety of full-scene intelligent assistance applications.

Continue to explore the application scenarios of blockchain, build a "Netcom Legal Chain" smart credit ecosystem, and introduce 33 units such as communication operators and large Internet companies.

In just four years, the system has achieved a three-dimensional construction of "from point to chain, from single chain to system, and from system to ecology", and has been included in the Guangzhou National Blockchain Innovation Application Comprehensive Pilot Key Project.

The intelligent auxiliary trial application represented by the "ZHI system" for all-element trial of copyright disputes realizes functions such as automatic induction of dispute focus and intelligent comparison of infringement. The accuracy rate of intelligent generation of judgment documents reaches 95%, effectively releasing more judicial power.

Since its establishment, the court's judicial intelligence innovations have won 5 national patents and 1 software copyright.

Over the past four years, Guangzhou Internet Court has been the first to try, and the innovation of online litigation technology has completed the in-depth integration from point to surface, from single to system integration, and the full-process online litigation service has completed a butterfly upgrade from PC to "fingertips". The trial execution mode has been completely reshaped.

Delineation of behavioral boundaries in cyberspace through precise refereeing

Escort the development of digital economy and improve people's livelihood

At present, with the rapid development of the Internet, many cases involve new economies, new business formats, and new types of conflicts and disputes, and there is no precedent for judicial practice to follow. It is urgent to establish healthy new rules for the cyberspace and demarcate the boundaries of cyber behavior through accurate adjudication.

Over the past four years, Guangzhou Internet Court has attached great importance to starting from the characteristics of online behavior, balancing the interests of all parties and the interests of society, respecting the spirit of judicial law, and vividly demonstrating the unremitting efforts to solve the "greatest common divisor" of individual justice and universal justice in the network society.

The "Civil Code" was thoroughly implemented to effectively safeguard the personality rights of citizens in cyberspace. The "First Personality Right Injunction Case" heard by the court was included in the "Work Report of the Supreme People's Court".

The "Propaganda Case of Unauthorized Use of Customer Photos" clarifies that operators shall not use consumer information for commercial promotion without permission, and was rated as a typical case of consumer rights protection by the Supreme People's Court.

Adhering to the integration of socialist core values ​​into the referee, the "WeChat Group Owner Inaction Case" clarified that WeChat group owners should perform group owner management responsibilities, and delineated the behavioral boundaries of the "minimum autonomous unit" in cyberspace, causing heated discussions among 160 million netizens.

Guangzhou Internet Court opened a trial for the "WeChat group owner inaction case". Photo courtesy of the correspondent

Established a professional collegial panel for data disputes to hear the country's first used car condition information case

Guangzhou Internet Court established a professional collegial panel for data-related disputes, focusing on the fields of online virtual property, data property rights, and Internet competition order, and successively accepted a number of typical cases involving personal information, virtual property, and big data resources. The first case" responds to social hotspots in a timely manner.

The trial of the “First National Second-hand Car Condition Information Case” clarified that the desensitized historical used car condition information does not belong to personal information or privacy from the perspective of second-hand car transaction scenarios, effectively balancing the relationship between personal information protection and data flow.

The trial of "the country's first case of 'infringement dispute case of 'borrowing' live broadcast virtual property'", clarified that the online virtual property created by the actual user's labor is protected by law, and won the second prize of the annual excellent case analysis and selection activity of the national court system.

Properly tried "the province's first civil public interest litigation case involving face recognition", and promoted the leap of data judicial governance to "digital justice".

"The establishment of a professional collegial panel for data-related disputes is an institutional innovation for Guangdong courts to actively adapt to the development of the digital age," said Professor Xu Xuan, dean of the Intellectual Property Research Institute of Jinan University.

Over 87,000 Internet intellectual property disputes concluded Over 63,000 Internet financial disputes concluded

Over the past four years, Guangzhou Internet Court has concluded 87,863 Internet intellectual property disputes.

Strengthen the anti-monopoly and anti-unfair competition regulations on digital platforms. In the trial of "Huya v. Douyu E-Sports Copyright Infringement and Unfair Competition", it was determined that the live broadcast of e-sports events was original, and was selected as one of the top ten judicial cases on network governance of the year. .

In "Korea Co., Ltd. v. Sanqi Mutual Entertainment Company Skin-changing Game Case", for the first time, "specific gameplay design of the game" was used as the basic comparison content of game infringement, and it was awarded the top ten copyright hotspot cases of AIPPI China Branch of the year.

In addition, the country's first "short game video infringement case" was selected as one of the top ten typical cases of the "China Trial" year.

Over the past four years, Guangzhou Internet Court has concluded 63,312 Internet financial disputes. According to the law, illegal acts such as setting consumption traps and overlord clauses have been regulated.

In the "XIN Coin Investment Transaction Case", it cracked down on virtual currency transactions in accordance with the law and maintained the financial supervision order, and was selected as one of the top ten cases involving the Internet in the province's courts of the year.

In the "Case of Changing Interest Rate Standards in Standard Terms of Online Loans", it is clarified that Internet micro-loan companies should not change the actual interest rate standards in a disguised way by changing the amount of principal calculated in the standard terms, and protect the legitimate rights and interests of Internet financial consumers in accordance with the law. The second batch of typical cases in the implementation of the Civil Code by the Higher People's Court of Guangdong Province.

Launched China's first cross-Hong Kong and Macau online dispute resolution platform and successfully mediated nearly 58,000 disputes

Over the past four years, the Guangzhou Internet Court has continuously improved its political position, proactively served the national development strategy and regional development orientation, and has always resonated with the construction of the Greater Bay Area.

Launched the country's first cross-Hong Kong and Macao online dispute resolution platform, bringing together 66 mediation institutions and 489 mediators, including 14 specially invited mediators from Hong Kong and 6 specially invited mediators from Macau.

Nearly 58,000 disputes have been successfully mediated, with an average mediation period of only 29 days. Hong Kong and Macao residents have a growing sense of identity with the mainland's judicial and legal environment. The cross-border synergy mechanism was awarded the third prize of the first "People's Courts Outstanding Achievements in Judicial Cooperation involving Hong Kong and Macau".

Join hands with 12 colleges and universities including Tsinghua University to build a working mechanism of "cloud adjustment U-chain", give full play to the advantages of college teachers and students in professional dispute resolution, and further create a dispute resolution ecosystem of co-construction, co-governance and sharing in cyberspace.

Focus on the modernization of governance systems and governance capabilities, and actively expand new models of collaborative governance in cyberspace.

Innovate and develop "Fengqiao Experience" in the new era, set up "Fengqiao E Station" online dispute resolution site on 7 Internet platforms including Tencent and Douyin Group, and carry out activities such as "online audition demonstration trial + scholar's comment" to allow enterprises , Merchants have a clear understanding of the adjudication rules for similar cases, and resolve a large number of potential disputes.

While performing its adjudication duties, the Guangzhou Internet Court has continuously strengthened its research and regulation on new situations and issues in the Internet industry.

Since its establishment, the court has issued more than 130 judicial recommendations, industry observation reports, and trial white papers, and has continuously exerted its flexible supervision effect in 34 aspects such as strengthening the protection of minors, regulating the order of e-commerce transactions, and guiding industry self-discipline.

In order to help young people involved in Internet loans get out of the predicament, the Guangzhou Internet Court actively cooperated with the Guangzhou Municipal Committee of the Communist Youth League to carry out the "Love in the Bay Area, and the Internet Protects Youth" project.

For cases involving online loan disputes under the age of 35 and the amount of the disputed object is less than 10,000 yuan, the implementation of reconciliation shall be implemented before the implementation of reconciliation, the implementation of disciplinary measures shall be used with caution, and the growth of youth shall be protected with judicial warmth.

In addition, nearly 80,000 teenagers received online or offline preventive education.

"We must boldly explore and innovate, improve and improve the new model of Internet trial, establish Internet judicial rules that lead the times, promote the effective governance of Internet space, realize the efficient and orderly circulation of data elements, and actively serve the healthy development of the digital economy." December 16, 2021, Zhou Qiang, President of the Supreme People's Court, emphasized when he went to Guangzhou Internet Court to investigate.

Written by: Southern Metropolis reporter Wu Sun Lin Zhao Qing correspondent Lin Yuan Liu Mengwei