The Deficiency And Perfection Of Electronic Civil Litigation In China

Nowadays,under the background of the national "Internet +" information atoge,the rapid development of digital Internet technology has gradually penetrated into all aspects of human social progress.It is an inevitable requirement of The Times to promote information technology.In recent years,electronic civil litigation has gradually been recognized and developed in the judicial field of the world.in our country,the courts,as the backbone of the judicial reform system,have also accelerated the research on the digital path of electronic civil litigation.Electronic civil litigation has been widely used in China,which not only reflects the rapid development of digital technology,but also complies with the objective needs of judicial reform.This paper studies the legality of electronic civil litigation through literature review method and comparison method,starting with the concept,characteristics and necessity of electronic civil litigation.Then it describes the development and legality of electronic civil litigation at home and abroad.Through the analysis of the development and legality of advanced electronic civil litigation in Europe,America and Asia,the legislation,system characteristics and trial practice of foreign countries will provide reference for the development of electronic civil litigation in China.The development of electronic civil litigation in China is analyzed from the perspectives of case filing,trial and service,and its objective application value is further demonstrated in detail.At the same time,this paper puts forward the problem of imperfect legislation of electronic civil litigation in China,and points out that the problems can be divided into two categories: One is that the legislation of some electronic civil litigation is blank,the other is that some electronic civil litigation has laws to regulate,but legislation is not perfect.In terms of judicial power,the unauthorized power is prohibited by law,and any power that is not explicitly authorized by law is not legal power,which highlights the deficiency of legislation in the field of electronic civil litigation in China.Under the condition of imperfect legislation,putting forward and improving the legislative system and content has become an urgent problem to be solved in the field of electronic civil litigation in China.Improving legislation is the fundamental basis for the development of electronic civil litigation.It analyzes the current judicial practice in China through electronic case filing,remote trial,human and material evidence,file management and electronic service,so as to perfect the legislation of electronic civil litigation in China.Electronic civil litigation started relatively late in China,but after years of development,Internet technology and hardware facilities have been able to compete with developed countries.In order to better develop China's electronic civil litigation,improve the efficiency of China's civil litigation,save judicial resources,and perfect the legislation of electronic civil litigation.In this paper,countermeasures are proposed to solve the existing problems from multiple perspectives and summarized as five types of measures.First,perfect source legislation;Second,learn from foreign experience;Third,strengthen judicial cooperation;Fourth,strengthen judicial supervision.Fifth,reform the concept of judicature.In the above five points,respectively from different angles and path,the scientific system of judicial legalization,specification,enhance the communication between the justice department coordination,strengthen the procedure for trial supervision,establish scientific judge evaluation mechanism,safeguard the lawful rights and interests of the participants in the proceedings,safeguard judicial justice and improve judicial warning role and deterrence.By virtue of judicial reform and digital technology,electronic civil litigation plays a greater role in the quick and efficient settlement of social disputes.