دادگاه آنلاین

تحلیل انتقادی در خصوص دادگاه های آن لاین، مزایا و مشکلات پایه ای آنها

Introduction

Undoubtedly, the deep impact of the development of the Internet, numerous technological innovations and developments have been observed penetrating every domain of society as a whole. Such the advent of technology offers vast improvements in communication and information simultaneously while presenting challenges with protecting the privacy and sensitive information is necessary. Using a website is more accessible, convenient, and user-friendly. Consequently, the network of information exchange can make newer fields to prepare a better world for humans.

The Analytical attitude of the online courtroom’s pros and its cons

 Judicial systems are not an exception too. They also need to have advanced access to the information and to meet their increasing needs for efficiency motivating many institutions in the private and the public sectors to transfer at least some of their activities and services to their official websites. It is clear that the Internet is able to provide many and sundry services in all aspects of a judicial system. It is no secret that the systems of justice in many countries are overburdened by a backlog of thousands of suits filed annually. Meanwhile, courts are planning some practical roadmaps contributing both to social and economic connections, primarily saving time and money; reducing the existing backlogs as well as streamlining the processes. This innovative phenomenon is likely to minimize waiting time to receive public services.  To encourage the public to use these online services in some complicated legal procedures, officials give considerable promotions like a discount for those who pay through the website, or the possibility to determine the time of an online trial. As a result, the vast consensus is recognized about the justification of the necessity of the interference of the Internet at the primary stages. These stages exactly are referring to all procedures that should be taken to prepare a suit for embarking an official trial.

In this situation, a person, for example, is now possible to lodge an application and also pay fees determined in a civil court’s advisory like most bills, including electric, water, and property taxes, with the push of a button and from the convenience of one’s home. It is possible, in addition, to certify the plaintiff’s identity like the attempt of the one who is going to buy airplane tickets online.  It is also not necessary to submit an appeal request by a person when they can do on time easily by an online process which it is legally accepted by the court. Meanwhile, the Internet is able to provide many and sundry services in all aspects of a judicial system.

Another section capturing public and academic attention is related to the assisting functions of the Internet during the trial and the process of the judgments. First of all, it attracts administrative attention to the limitation of the number of judges, and each courtroom bends under the weight of so many cases.  This may be seen, inter alia, by the ridiculous length of time a case must be finalized and be ready to be judged.  In some Middle East countries especially Iran, it is an extraordinary tangible status that the judicial system cannot reach an acceptable achievement to reduce this burden, although potential reforms in Iran like other systems around the world are taken by officials to decrease the devastating effects of these problems. Saving time and money, making the court accessible to the disadvantaged, and reducing the caseload of each courtroom are some privileges mentioned by lawyers and academics and achieved by using the online judicial services. Therefore, to note in terms of practical experiences, it is no secret that many judicial systems across the globe are stumbling beneath a heavy burden of thousands of suits filed every year in their courts. It is not hard to analyze the new-found courts structured by a model prescribed by the courtrooms that the online court system is recognized as an instant solution to minimize the current crisis to serve people judicially.

There is no doubt that there are many advantages, whereas the Online Court has some serious drawbacks, including enabling frivolous lawsuits and the threat of identity theft by either party or even by a third party as well. the online court does have some serious drawbacks. For example, there is a considerable discussion regarding the fact that the online court opens its door for frivolous lawsuits. The security managers are facing the danger of identity theft by one of the parties or by a third party. The need to train judges to use this technology is another challenge for the educational departments of a judicial center. Academic reviews found by a simple search in Google show us well that crafting a legislative framework that accommodates the model of the online court has faced judges and judicial staff another problem. It is commonly criticized that the judge will not be able to evaluate the witness’s appearance in comparison with face-to-face communication. The concern of securing the litigants’ information and dealing with leaks has been put on the top of parties’ concerns in online trials.

Conclusion

The final analysis that the pros of online courtrooms outweigh the cons is recognized practically.  Indeed, the model of online courts is a desirable template that should first be employed as a pilot program, dealing with civil proceedings that may be easily resolved and claims involving relatively small amounts of money. In criminal cases, it is not easy to accept an online trial like criminal ones. This model may be applied to additional proceedings involving cases that are more expensive or more complex, but the judges’ decisions will be assessed much more sensitively. Ultimately, the online legal system proposed constitutes the first step toward accommodating the court system to the innovative reality of the Internet Age, in a manner which is both systematic and controlled. The aim is to reach the overarching idea of “justice for all” as the guiding principle hopefully. The perfect possibility and actual result are predicted in a long-term process.

نوشته شده توسط دکتر حسین سرتیپی 1399-05-22
2 پاسخ
  1. بصیر رضایی
    بصیر رضایی گفته:

    I think online trials can be very good in certain situation ( illness. distance and extra costs ) But not forever with the facilities available in our country.
    No one is ABOVE the Law
    It is true
    I believe in it.

    پاسخ

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