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26 September 2017
The Hangzhou Internet Court was inaugurated in Hangzhou on August 18 2017. The court has first-instance jurisdiction over:
Appeals against a decision or ruling rendered by the Hangzhou Internet Court must be filed before the Hangzhou Intermediate Court.
This move comes after the Supreme People's Court piloted a programme in May 2017 which granted the Hangzhou Railway Transport Court jurisdiction over five categories of internet-related civil cases in Hangzhou. Statistics indicate that, as of August 15 2017, the court had accepted 2,605 cases, of which 590 (22.6%) concerned internet copyright. A total of 1,444 cases had been concluded. New rules of procedure using electronic communication were trialled during the pilot period, some of which were at the forefront of judicial trials in China and worldwide.
To initiate a lawsuit online, the litigant must access the court's online platform, 'netcourt.gov.cn', in order to become a registered user. Once the court has verified the user's real identity, it may proceed to the filing proceedings. Evidence may be submitted electronically by uploading it to the platform. If the court accepts the case, the defendant will be served via text message and given access to the case files. During the online hearing, the plaintiff and the defendant must remain logged in to the court's trial page. Unauthorised logging out for reasons other than a technical or connectivity failure will be deemed a withdrawal (if it is on the plaintiff's side) or result in a trial by default (if it is on the defendant's side). After the hearing, the speech recognition system embedded in the platform will automatically transform the recording of the hearing into an electronic transcript, which will be sent to the litigants for verification.
For further information on this topic please contact Jiehua Lu, Huimin Qin or Nan Jiang at Wanhuida Peksung by telephone (+86 10 6892 1000) or email (firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). The Wanhuida Peksung website can be accessed at www.wanhuida.com and www.peksung.com.
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