关键词: 网络服务提供者, 避风港规则, 通知删除规则, 注意义务

Abstract: Online civil trials still encounter difficulties or controversies in aspects such as whether they comply with the principle of direct and verbal trial，the applicable conditions，the procedural operation，and the rules for the use of electronic physical evidence. Regarding the controversy over whether online trials comply with the principle of direct and verbal trial，it should be clarified that the same physical space is not a necessary condition for the realization of this principle. In order to implement the principle，it is necessary to require judges to identify whether an online trial can be applied to a case，ensure the clarity and stability of audio-visual transmission，promote centralized trials through full recording，restrict the application of combined online and offline trial methods， and also make requirements for the interactive mode of asynchronous online trials. Synchronous online trial is the common form of online court proceedings. For the applicable conditions，it should be clearly stipulated that the convenience of the parties should be the priority，the consent rules for the parties should be optimized，and the negative conditions should be refined.As an exception，online asynchronous trial should only be applicable to small-claim cases，and it should not be applied if one party remains silent after the judge recommends this method. During the trial process，the court’s functions of clarification，guidance，and procedural control should be fully exerted. The mechanisms for maintaining courtroom order and ensuring the seriousness of court proceedings should be further improved.In terms of submitting electronic physical evidence，the rules for parties’objections should be refined，and clear authentication rules should be established. For cases where the original evidence or the original object needs to be submitted，offline cross-examination should generally be organized.

Key words: online court trial, the principle of direct and verbal trial, asynchronous online trial, electronic physical evidence