On The Electronic Service Of Civil Action And Its Promotion Strategy

In the process of civil action, service is of great significance. Not only is it conducive to protect the rights of the parties, but also contributes to the smooth progress of the trial. In today’s information age, the radical and rapid changes of the modern means of communication provide the court new service path-electronic service, which owns multiple values such as high efficiency, accurate delivery and procedural safeguards compared with traditional service methods. The development of the emerging service promotes optimization and upgrading of the entire service system and it is also increasingly recognized and applied by some countries. The electronic service has become the seventh one at the legislative level under Civil Procedure Law revised in2012. This paper aims at drawing multiple strategies to promote the development of our electronic service by the crosswise contrast of the development of electronic service (the legislative cases investigation and judicial practice analysis of common law countries and civil law countries) and longitudinal investigation (the self-criticism legislation evolution and study of judicial processes of electronic service in our country).The paper consists of four chapters:Chapter one:The concept interpretation and analysis of the advantages and disadvantages of electronic service. This chapter begins by defining the concept of electronic service and then makes type analysis for this new method of service from three dimensions. Finally, it takes the value and limitations of electronic service into consideration and concludes that the development of electronic service is the result of science and technology promoting institutional changes, strengthening the electronic delivery development is the trend.Chapter two:judicial practice promotes legislation:the judicial practice and legislation of electronic service in different countries. This chapter examines the judicial practice and legislation in the field of electronic service of common law and civil law countries. In the two classic cases RIO of America and Facebook service of Australia and the development of legislative cases in different countries, the experience to develop electronic service can be found.Chapter three and four research into the theme.Chapter three examines the judicial practices and legislations before and after2012amendment of Civil Procedure Law,and specially analyze the constituent elements of electronic service and comment the defects of the existing legislation. Chapter four proposes multiple strategies for developing electronic service, including designing detailed procedures, pushing technologies and renewing ideas.