Research On Electronic Service

In civil procedure,the service system is very important both to the litigants and the court. It can protect the rights of the litigants and ensure the trial. In today's mordenized world, the development of Electronic Science and Technology let our everyday life become more convenient, meanwhile the court can choose the new way for service.E-service as a new mode of service used fax, e-mail and other modern means of communication to the service of judicial documents not only can effectively conserve judicial resources, but also in line with our civil action in the service of efficiency requirements. This mode of service from scratch, to the traditional areas of service, provides an opportunity to "Upgrade" and started to gradually recognized and accepted by some countries. Electronic mode of service has significant advantages, it will enable parties to quickly and easily know the contents of the judicial documents, and can simplify the transmission process, and markedly increase the efficiency of delivery. Particularly in the international civil proceedings, if this mode can be used to carry out international judicial assistance, will greatly facilitate the communication of information among countries, and avoid changing or delaying the judicial documents. It is precisely because of these advantages of electronic mode of delivery, today our country in foreign affairs, and Hong kong or Taiwan-related civil and commercial cases, the legal effect of electronic delivery methods has been confirmed by the relevant judicial interpretations. The electronic mode of service are widely used in the judicial practice, no doubt it will be the more rapid, timely and convenient means of dispute resolution and promote the protection of legitimate rights and interests for the parties.This paper is divided into four chapters. The first chapter introduces the electronic mode of service, as well as the rise in the global development at home and abroad. Took place from 1996 onwards in the UK, the world's first electronic mode of service to confirm the legitimacy of the case to the United States'jurisprudence, as well as in recent years, our country and other relevant national laws, and gradually reveals the electronic mode of service development process from scratch . At the international legislation, focused analysis the Hague Conference on Private International Law relating to electronic mode of service, but also some recognition of the legal effect of electronic service of international conventions were introduced. The second chapter focuses on the use of electronic mode of service to the judicial practice of China. And analysis the feasibility, necessity and carried out an analysis of obstacles. First, that the electronic mode of delivery as long as the procedures for the design of appropriate, do not violate the procedural legitimacy requirements; followed by analysis the advantages compared electronic mode of service to traditional modes , such as be more efficiency, saving judicial costs. Concluded that the electronic mode of service in the technical support and procedural safeguards, there will be a higher level of demand, the actual operation may encounter some technical and legal obstacles, and then put forward the relevant solution. This section mainly analysis from the value level.The third chapter focuses on the development of electronic mode of service and the domestic legislation and judicial practice have been analyzed and studied. As the electronic mode of service has been confirmed by judicial interpretation, this article introduces the electronic service in the international civil litigation. Then, for the situation that more economically developed regions in our courts have try to use the electronic service in the domestic litigation, study these invaluable experience and actual cases achieved good results. The fourth chapter is about some legislative proposals of electronic mode of service.Study in this chapter, first, China should expedite the development of the legal requirements for the service system, add to E-service as a legitimate mode of service ,and make the existing judicial interpretation and judicial practice be rule-based. Secondly, the electronic mode of service is special, the system design should be consistent with the justice of procedural. In practice, it must rely on technical support. Through the above discussion and research, the electronic mode of service will be more widely used in the cournty.