Research On Electronic Service Of Our Country

In civil procedure, it is all-important of service to protect the orderly conduct of the trial court proceedings and parties’ rights. With the development of information age, the growth of electronic technology not only brings convenience to people’s daily life, but also provides the court a new method of service. As an emerging electronic service method, using modern means of communication by fax, e-mail to the service of judicial documents, due to its efficient, convenient, environmentally friendly features, it has been adopted by some courts in China. The electronic service was firstly confirmed in the new Civil Procedure Law of 2012 also explained in details in the Judicial Explanation of Civil Procedure Law. This paper will start at the concept of electronic service, combined with the basis of the status of implementation of electronic service and operational mechanisms, trying to find out the system deficiencies of China’s electronic service, then making a suggestion of building the diversification of China’s electronic service system. This paper will discuss the topic in four parts.The first chapter shall make a brief introduction of electronic service. Nowadays, with the context of electronic trend in civil proceedings, the electronic service as a new delivery method turned out accordingly. First, the chapter defines the electronic service and points out its legitimacy, and introduces worldwide development of electronic service from the first example of electronic service in 1996 to the successful experiences of other countries and the development of China’s electronic service, revealing the growing process of electronic service. Then, it describes the electronic service of a variety of presentation.The second and third chapters outlined the practical status of China’s electronic delivery system. The second chapter introduces China’s electroni c service from a macro overview, including the background of China’s ele ctronic service, presents forms of electronic delivery and the practices of lo cal courts, discussed the main problems in practice.The third chapter introd uced from the microscopic view of internal operation of China’s electronic delivery. According to the latest legislative and judicial interpretation, elabo rating within the framework of "consent of the addressee, service processes, complete standard, the scope of service of documents and other" to sort o ut the basic elements of China’s electronic delivery system.The fourth chapter is committed to point out defects of the current system of electronic service of our country, illustrating the defects from legislative, technical security and popularity rate based on the above-mentioned analyzing. Digging out the current defects is helpful for making suggestion of construction of China’s electronic service system.The fifth chapter makes suggestions of construction of China’s electronic service system. First, the legislative provisions should be improved as soon as possible on the clear legal responsibility of electronic service and details of implementation of electronic service should be established. Second, how to identify electronic confirmation of receipt should be defined clearly according to the characteristics of the electronic service. Finally, electronic support measures should be improved to promote the development of electronic service in China, encouraging professionals to participate in the practice of electronic service.