Research On Electronic Service Of The Domestic Civil Procedure Systhem

Service of litigious documents is an important program design of civil procedure, it is very important both to the litigants and the court.It can protect the right of the litigants and ensure the trial. In information-based era, the electronic service provides a new choice to the service of litigious documents for the court. As a new mode of service used modern information technology to the service of litigious documents not only can effectively conserve judicial resources, but also promote the judicial justice. Article87in the new "civil procedure law" revised in2012has clearly ruled the electronic service, which provides a new opportunity to improve the system of service of the domestic civil procedure. It can simplify the process of the service of litigious documents to the litigants, and then promote the efficiency of the whole civil procedure. At present in our country there are a number of courts using the mode of electronic service to service litigious documents, however, there are still some problems of the electronic service in the judicial practice because our current legislation relevant to electronic service is too principle and is not enough perfect. Based on this consideration, this article has launched to discuss the issue of the electronic service in this text. There are five parts in this text:The first part is the basic theory of electronic service. It introduces the definition, types, characteristics and the significance of using electronic service in judicial practice in China, thus understand certainly about electronic service.The second part is the theoretical and realistic basis of using electronic service in domestic civil procedure. It mainly focuses on discussion about the significance and the current conditions of using electronic service from the aspect of the value of civil procedure. The current conditions are just the accumulation of experience of using electronic service in some our country's courts and other countries' successful experience.The third part is the current situation and the problems of electronic service of the domestic civil procedure. It mainly focuses on discussion about the problems of electronic service of the domestic civil procedure from the two aspects of legislation and judicial practice. One problem is that the legislation of electronic service of civil procedure is too principle, such as how to understand and judge " the addressee's agreement", how to identify the litigants have received the litigious documents and so on are not clear and some rules of electronic service are not enough perfect; The other problem in judicial practice, such as that operation program of electronic service is not clear, the service system is clutter and the management standards are different and the court personnel's specialization level of electronic service is not enough.The fourth part is the investigation and using for reference of electronic service of civil procedure outside. It mainly focuses on the lessons that the legislation and practice situation of electronic service from the aspect of legislation, court administration, technical security in Britain, the United States, Finland, South Korea, and Taiwan and other countries and regions.The fifth part is the perfection of electronic service of the domestic civil procedure. It mainly concerns improving the legislation of electronic service from the aspect of clearing the addressee's agreement and so on, regulating electronic service from the aspect of court administration, such as improving and promoting the electronic service platform, unifying and clearing the operation program of the electronic service and strengthening the personnel specialized training in electronic service, using the digital signature technology and so on to regulate the electronic service and last putting forward some other supporting measures to perfect electronic service, thus making electronic service widely used in the judicial practice, which is conducive to conveniently, timely and efficiently solve the civil dispute, protect the lawful rights and interests of the litigants, effectively conserve the judicial resources and promote the judicial justice.