On September 6, 2018, top people court is released " top people court hears a case about Internet court the regulation of a certain number of problems " (law commentate 〔 2018 〕 16, say below " regulation " ) , the case of specific type Internet that a person operating from within in coordination with outside forces becomes the area under administration that makes clear Internet court to be in city administer centrally to be accepted by court of basic level people, "Internet shops, service contract dispute " , "Internet finance loan, small loan contract dispute " wait to be included inside, build to a:appellant mechanism and litigant platform, and the identity attestation of online lawsuit, put on record, should appeal to, the litigant regulation such as quote makes a series of standards, " regulation " carry out at formal on September 7 go into effect.
According to introducing, in the regulation " Internet finance loan, small loan contract " refer in particular to orgnaization, as small as finance the loan contract that finance company concludes, do not include P2P network leasehold platform, leasehold dispute of P2P of Internet court reject a complaint.
Among them, the first sets, internet court adopts online means to hear a case, namely of the case accept, careful of the preparation before exchange of service, mediation, evidence, front courtyard, front courtyard, adjudge wait for litigant link general ought to online finish, carry out goes " the cognizance on net of the dispute on the net " . But party applies for the basis or the case tries need, internet court can decide next online finishing partial lawsuit link.
Accept limits respect, " regulation " shop Internet, the service is loan of finance of contract dispute, Internet, small authority belongs to copyright of loan contract dispute, Internet and issue of liability of tort of dispute of tort dispute, Internet domain name, Internet, Internet shops the Internet commonweal that mechanism of product liability dispute, procuratorial work mentions contentious case.
Among them, " regulation " will " sign, fulfill behavior to all be finished on Internet " as administer Internet finance loan, small the limit requirement of loan dispute. Here " Internet finance loan, small loan contract " refer in particular to orgnaization, as small as finance the loan contract that finance company concludes, do not include P2P network leasehold platform, internet court also leasehold dispute of P2P of reject a complaint.
Net of official of top people court returns exposure, according to in the center of deepen the 3rd meeting of reform committee to discuss the plan that adopt in the round, afterwards created the whole world in city of Hangzhou of short for Zhejiang Province last year in August after first Internet court, our country will add two Internet court in Beijing, Guangzhou, close at hanging out his shingle this month case.
Change additionally according to department of top people court do chief introduction, adopted this " remove set one " means establishs Internet court, namely carriage court of cancel Beijing railroad and Guangzhou railroad carry the 2nd court, establish Beijing Internet court and Guangzhou Internet court separately.
Interfacial journalist discovers, be in early in November 2008, court of Shanghai Pudong new developed area takes the lead in activate first finance of countrywide tries law court, started what hear financial case centrally to try water step. Ever since, the Duodefa such as Beijing, Shanghai, Shanxi, Shaanxi, Zhejiang, Guangdong courtyard in succession follow-up, established finance to try law court in succession. This year on August 20, shanghai finance court hangs out his shingle formally also hold water. But, receive case limits to still was not united. Look from the circumstance of each district, resource configures not quite reasonable, case administer measure of too dispersive, trial is endless and unified, professional the level is uneven etc, already became the bottleneck that finance tries. Especially, the court decision of many financial cases is the important legal precedent that the influence trades and superintends, and cycle of differ, cognizance delays the litigant progress that finance tries to specialization degree is not worth place to bring about the malpractice such as adventitious of result of delay, trial, realize those who stabilize money market very hard however to anticipate. On the other hand, as the flying development of financial industry, sell pool of bank, unmanned bank, capital continuously, add letter, generation to hold, Internet is numerous chip, the finance such as Internet conduct financial transactions innovates business is ceaseless emerge in large numbers, the amount of financial dispute and type not only farther increase sharply, and present an unprecedented complex phase. The relevant report that association of trade of Bank of China issues shows, the Internet finance that accepted 2017 kind case, rose compared to the same period 32% . And the network of much home P2P that erupts this year is leasehold platform explodes thunder crisis, it is to announce more a danger of gigantic gale of hidden of money market place.
Notable is, this second " set " li is clear, leasehold dispute of P2P of Internet court reject a complaint, zhao Gong of dean of court of finance of the Shanghai before this ever expressed, the criminal case that because P2P network is leasehold,causes, do not belong to Shanghai finance court administer limits. Establish the decision of Shanghai finance court according to standing committee of countrywide National People's Congress, shanghai finance court hears case of issue of financial civilian trade and case of experience finance administration only, case of criminal of reject a complaint. Accordingly, the criminal case that because the network is leasehold,causes, basis criminal procedural law still by other court administer, do not belong to Shanghai finance court administer limits.
"P2P network is leasehold involved capital flow is too large, be suspected of crime, still need to go general court is sued. " the many long-term attention, lawyer that hears financial case expresses to the reporter. Lend issue in the light of P2P net, investor still should collect orientaton general court mentions civil suit, superintendency branch is complained and lift newspaper and the pattern processing that report a case to the security authorities to public security mechanism to administration.
