Research On The Difficult Problem Of Civil Electronic Service

In China's civil litigation,there have always been "service difficultly"problems,direct service,mail service,notice service and other traditional service methods are due to the gradual increase in population mobility,the refusal of the recipient to sign,valid service address is difficult to confirm,and so on,resulting in a service success rate is not satisfactory.The number of cases has grown rapidly in recent years,and the tasks of service have been very hard;after the reform of the post system for judges,the pressure on courts of"more cases and less judges"has increased further.With the development of science and technology,Internet technology has been gradually applied to the whole process of judicial trial,with the judicial system as the carrier,giving full play to the auxiliary role of the Internet,from online filing,electronic service,trial to execution and other procedures of the"smart court"to create a gradual rise.As an important part of bridging the court and the parties in the whole trial process,electronic service came into being and was gradually applied and developed by virtue of its efficient and convenient characteristics.With the gradual development of electronic civil litigation,the electronic service method has gradually appeared the applicable predicament.The application rate of electronic service cases is generally low,electronic service in the nationwide popularity is relatively low,and its scope of application is single,its more applicable to summary procedures and first instance procedures,second instance and retrial application are less;The success rate of electronic service is low,this method is less recognized,the service of the instrument"confirmation of receipt"standard is not clear;Relief measures are not yet perfect,and the existing institutional framework does not specifically design the system for the relief of defects or errors in the electronic service process;There are difficulties such as the application of electronic service without the consent of the parties and the violation of the legitimate rights of the parties.The cause of the above predicaments lies in:the judicial practice of our country favors the service mode of the Authority,the participation rate of the parties in the litigation is low,the whole process of serving even the whole trial is leading by the judges,the electronic service system is difficult to master,the applicable types of litigation documents are limited,and at present,the electronic service can only be applied to litigation instruments other than judgments and mediation decision;Because the security of electronic service is difficult to guarantee,it is difficult to confirm effective service;The relief measures provisions are imperfect,and the inappropriate use of electronic service easily harm the legitimate rights and interests of the parties;improper use of personal information seriously violates the privacy rights of the parties.In order to break the above predicaments,we can start from the following aspects:unify the appropriate service standards,unify the different service standards of different provinces,refinement of the electronic service operation rules,establish a unified electronic service platform,unify the service of the production of litigation documents,improve the electronic service of supporting measures,and improve the electronic use of bulletin service,and in the early stage,the electronic service can be used as an auxiliary service mode of other means;it may provide that lawyers obtain prior authorization to sign legal instruments on their behalf,take the lead in the unified promotion of electronic service in the group of lawyers,and further improve the electronic service relief system.Through the above aspects to solve the problems,adhere to the pursuit of procedural justice and substantive justice of the dual guidance,and gradually improve the applicable rate on the basis of the recognition of the clients,improve the relief measures for the clients,protect its legitimate procedural interests,so that electronic service can be better served the judicial process,enhance the effectiveness of the trial,looking forward to meet the parties' litigation expectations.