Litigants' Right of Procedural Selection in Civil Online Litigation: From the Perspective of Online Litigation Rules of the People's Court

The construction of civil online litigation in China has distinctive characteristics of the new era. The litigants' right of procedural selection in civil online litigation should always adhere to the principle of justice for the people and justice favorable to the people, and be conducive to maximizing the people's procedural interests and meeting their multiple interest demands under the guidance of the principle of procedural subject, principle of disposition and the "people-centered" concept. Civil online litigation takes litigation as its essence, and the legal nature of the right of procedural selection still belongs to the right of procedural formation, so the freedom of the will of the litigants should be respected. However, the design and practice of current civil online litigation system are in the difficulty of insufficient right of procedural selection, imperfect mechanism of procedural objection and unsound guarantee mechanism of the right of procedural selection. Therefore, in the future development, it is urgent to make civil online litigation follow the litigation law of respecting the litigants' right of procedural selection, and enhance the scientization and refinement of the system design by reasonably limiting the litigants' right of procedural selection, and improving the mechanism of procedural objection and guarantee mechanism of procedural selection.