Ananalysis of the lawsuit efficiency of asynchronous trial pattern: an empirical study based on Hangzhou Internet court
Wei Xinquan
(School of Law, Central University of Finance and Economics, Beijing 100098,China)
Abstract： The asynchronous trialpattern, based on its “non synchronization” in time and space, is in sharp contrast to the traditional lawsuit pattern that adheres to the “direct verbal principle”. On the impact of asynchronous trial pattern on lawsuit efficiency, an empirical analysis using the least square method and propensity score matching method was conducted on 5 714 adjudication documents of the Hangzhou Internet Court. Firstly, cases using asynchronous trial pattern significantly improved lawsuit efficiency by 158% compared to non asynchronous trial cases. Based on the advantages of efficiency and convenience, the asynchronous trial pattern has a positive effect on the parties′ access to justice. Secondly, the asynchronous trial pattern has heterogeneity in the lawsuit efficiency of different case types. At this stage, the judicial practice of asynchronous trial is more applicable to loan disputes dominated by banks. To better leverage the institutional function of the asynchronous trial pattern, on the one hand, it should be clear that the applicable group of the asynchronous trial pattern is the vulnerable natural person group and strengthen its awareness; on the other hand, it should limit the scope of cases applicable to the asynchronous trial pattern in terms of the amount of litigation object, and highlight the non universality of the asynchronous trial pattern to reduce the impact of the asynchronous trial pattern on the justice value of civil procedure.
Key words : asynchronous trial; Internet courts;summary procedures; access to justice; the Principle of Directness and Verbalism
