Research On China's Civil Electronic Delivery System

Electronic service is the application of electronic information technology to civil service,the use of e-mail,fax,SMS and other instant Messaging technology for service,is the rapid development of the Internet background,the civil service process with the times of the product.The internet has the characteristics of instant,convenient and high efficiency,and it can be used in civil service,so that the traditional mode of service could effectively solve the problems of manpower,financial resources and time.Although our country introduced the electronic service system in the maritime special procedures in the year of the,it has not been developed,only in maritime cases,summary procedures,foreign-related cases,cases involving HongKong,Macao and Taiwan,the use of electronic service.Until the year revision of the Civil Procedure Act has formalized the legal status of electronic service,and courts have been exploring the use of electronic service in full swing.In recent years,the rapid development of electronic service in China has achieved remarkable results.But at the same time,the problems in the legislation and judicature of electronic service in China are gradually appearing.This article through to our country electronic service legislation and the judicial status analysis,discovered its existence question and proposed the consummation suggestion,hoped that can promote our country Electronic service system the healthy development.The author finds that different scholars define the concept of electronic service,the main difference is that the way of electronic service is defined differently.One view is that electronic delivery is not limited to three ways of mobile phones,faxes and e-mails;One view is that electronic delivery is only by telephone and email,and the author uses the former.The author uses the social investigation law to analyze the legislative and judicial status of electronic service in our country,and finds that the legislation of electronic service legislation in China is not perfect,does not stipulate the scope of application of the electronic service,does not specify the scope of the person to be served,and does not stipulate the relief Failure to specify the standard of proof of successful electronic delivery.China's electronic service in the judicial practice there are uneven development,the lack of a unified electronic delivery platform,the low recognition of the people,electronic delivery technology is not perfect,the defendant to carry out electronic service difficulties,judicial practice is lack of legal basis or conflict with existing laws and other issues.Using the comparative research method,this paper probes into the solutions tothe above problems in Germany,Korea,Austria and Taiwan,draws its failure lessons and draws lessons from its successful experience,and unifies the actual situation in China,puts forward some suggestions on the above problems from the basic rules,technical support and supporting measures in three aspects.In terms of basic rules,the author proposes to define the scope of application of electronic service as all civil Procedure and Non-litigation procedure,and the applicable case type excludes personal rights dispute.An electronic service is a person who consents to the application of an electronic service,his nominee,legal representative and ad litem,and requires the application of electronic service by the State organs,solicitors,notaries and commercial subjects.The Civil Action Act,section,shall be used as a means of relief for the person served by force majeure,and the burden of proof of the defect of the document shall be assigned to the person served,and the burden of proof of the time of delivery shall be assigned to the person.As for the validity and confirmation of the electronic service,the author thinks that the provisions of the "article" of the Civil Procedure Law of our country are too harsh for the person to be served,so we can learn from the Austrian practice.As to how to guarantee the safe delivery of the instrument,the author thinks our country should perfect,relevant laws of electronic signature.In the aspect of improving the technical support,the author thinks that we should establish a National unified electronic service platform,set up data storage center and data cloud storage system,strengthen equipment guarantee and enhance the security of electronic delivery system.In the supporting measures,the author thinks that it should be equipped with special electronic service personnel,to enhance the thinking of judicial staff and strengthen the propaganda of electronic service.