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Study On The Construction Of Civil Electronic Litigation System In China

Posted on:2019-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:X F ShiFull Text:PDF
GTID:2416330551954384Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the arrival of the information age,the rapid development and wide application of information technology are affecting the change of society.The value and advantage of the network technology have been appeared in the field of civil litigation,the emergence of electronic litigation because electronic network technology has an effect on the judicial trial system.At present,many countries are carrying out the theoretical research of electronic litigation of different levels and different forms.With the national information strategy and under the impetus of the information reform of court,electronic litigation in practice in our country also got rapid development.Under the impetus of the litigation practice,theoretical research also gradually expanded domestically,but because of the multi-level use of network science and technology in civil litigation,it is bound to require further specification of electronic litigation theoretically.As the combination of the traditional civil litigation and network technology,civil electronic litigation is so rapid,convenient and efficient with the civil judicial that meets the pursuit of the efficiency of lawsuit,but in the virtual environment of electronic litigation and the physical world how to dock in the traditional litigation system in theory.According to the development process of Chinese civil electronic litigation and the legal dilemma facing the current practice,whether the choice of the legalization path,or the design of the specific procedures,we need to base on the judicial practice in China,all with scientific and reasonable to the starting point,to absorb foreign beneficial experience,for the construction of our country civil litigation system of electronic provide effective suggestions.This article illustrates from the concept,characteristics,value and significance of civil electronic litigation.Civil litigation system of practice development in foreign countries is introduced,based on the comparison between the civil lawsuit system of electronic summed up the enlightenment on system construction in our country.Then,it discusses the necessity and feasibility of construction of civil litigation system in China,and then elaborates on the development process of Chinese civil electronic litigation,and summarizes the legal dilemma in the development of civil electronic litigation practice in our country.The last of our country's civil litigation system of electronic building reasonable suggestions.This paper is divided into four chapters.Chapter one is a summary of civil electronic litigation,including the concept,characteristics,value and significance of civil electronic litigation.The second chapter introduces the development process,practice status and relevant systems of foreign civil electronic litigation.It aims to compare the civil electronic litigation systems in different countries and draws inspirations for building a civil electronic litigation system in China.The third chapter elaborates the practical status and legal dilemma of civil electronic litigation in China.Firstly,the necessity and feasibility of building a civil electronic litigation system in China are discussed.Then,through introducing the development process and practical status of civil electronic litigation in China,the paper concludes that the legal dilemma encountered in the practice of civil electronic litigation in China.The fourth chapter is the proposal of constructing civil electronic litigation system in our country.This part proposes the reasonable opinion of civil electronic litigation system construction in China from three parts.There are the path of the legalization,the mode of platform construction and procedure design.
Keywords/Search Tags:civil electronic litigation, legalization, construction model, procedure design
PDF Full Text Request
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