Research On Online Service Procedure

Service process is an important part of the proceedings. Recently, "hard to serve" has prevented the courts from improving judicial efficiency. However, with economic development, increasing population mobility, service has gradually become a bottleneck in juridical practice. Compare to the traditional mode of service, online service has the advantage that it easy and fast to reduce the transmission aspect and reduce the service cost, saving judicial resources. The paper analyzes the trend preferring efficiency in our civil service from law theory and practice, thus argues the intrinsic rationality, limit and future of civil online service which is in the ascendant, brought forward the viewpoint that we should focus on the new service manner from two sides and guide it by regulations. Therefore, the study on the online service should provide strong theoretical science foundation and clear direction to build the online service system.Online service is different from traditional forms. It depends on the electronic network equipment, not subject to the constraints of time, paperless operation, clarifying the meaning of civil procedure. That can facilitate the litigant to proceedings and improve the efficiency of resolving civil disputes. It facilitates the litigants pleading on the basis of the protection of justice and paves the way for court proceedings. So it can improve the efficiency of the court. Abroad, the court has a considerable technical innovation and judicial practice. At present, with economic development, both legislation and judicial practice have emerged in China, especially many district courts have explored actively. However, for this new mode of service, there are lots of shortages. Therefore, the study on the online service has great practical and theoretical significance.Based on national conditions, the paper has proposed response to build our online service system. Firstly, clarifying the basic theory about online service procedure. And then by comparing with electronic service, online service and e-mail to find the distinguishing feature of online service. Secondly, according to the due process principle, it highlights the three elements of due process, including convenience, safety and professional. Finally, providing the tentative idea on establishment of Online Service Procedure. There are there conditions, how to implement the online service procedure. The first from the legal aspects discusses the voluntary principle of the construction of online service procedure. This is not a simple comment on the principle, but a discussion in the use of online service procedure combined with the characteristics of online service. The second is the technical conditions. It includes strengthen the building of the E-court, security the complete and true of transporting the online pleadings files, as well as achieve the information security of this online process. The last is to change people's inherent litigation conception and improve citizens'acceptance to the online service.