Development dilemma and solutions to online civil litigation in China: Kyrgyzstan experience

Abstract

The research relevance is determined by the need to review the regulatory aspects of the digitalisation of civil litigation in the Kyrgyz Republic, given the complex set of problems that exist in this area. The main objective of the study is to analyse the digital civil litigation in China with the prospect of extracting positive experience for possible implementation in Kyrgyzstan. The methods of statistical analysis, analogy, generalisation, as well as formal-legal and formal-logical approaches are used in the study. As a result of the analysis of the peculiarities of legal regulation of online civil proceedings in China, modern mechanisms of this regulation are found to contribute to maintaining stability and improving the efficiency of the judicial system. The scientific research confirms the fundamental concept that the integration of information technologies into the processes of legal proceedings does not affect the fundamental concepts of the theory of judicial evidence. Nevertheless, the analysis also identified significant risks associated with this process, such as an increase in the number of court cases, potential distortion of the nature of judicial activity, and other aspects. This study provides a conceptual approach to facilitating access to justice through the digital transformation of court procedures. This approach includes the use of information and telecommunication technologies and remote alternative dispute resolution methods such as online mediation and online dispute resolution systems. Special attention is paid to the need to consider the interests of all parties when introducing artificial intelligence into the judicial system. The study of different points of view allows for a deeper understanding of the complexity of this process and identifies possible ways to improve civil litigation in the context of digitalisation in Kyrgyzstan. The findings of the study are of potential value for the implementation of China's positive experience in the context of the digitalisation of civil litigation in Kyrgyzstan.