The Construction And Path Of China's Electronic Procedure For Urging Debt Repayment

The electronic procedure for urging debt repayment is not an independent civil procedure,but a procedure for urging debt repayment assisted by modern information technology.It is mainly divided into five major parts:electronic application,electronic examination,electronic delivery,electronic objection,and electronic payment.Under the background of actively promoting the reform of electronic justice,the conditions for the construction of information systems in our courts are good.China has established electronic signatures,referee network,electronic data and other systems,paving the institutional conditions for electronic procedure.The implementation of the electronic procedure for urging debt repayment is beneficial to the court's handling,reducing the error rate and reducing the judicial costs of the parties.It is of great significance.The establishment of an electronic procedure for urging debt repayment is not a"temporary rise",but has its profound legal basis and practical necessity.On the theoretical level,electronic procedure conforms to the primary pursuit of judicial efficiency,adheres to the bottom line of judicial justice,and pays attention to the guarantee of procedural freedom,which has a legal basis.In practice,the electronic procedure can help to supervise the recovery of the program function,and also reserves a dispute resolution channel for a large number of network-related cases,and the practical experience of the electronic supervision procedure can provide reference for electronic litigation,so it is necessary to establish an electronic procedure for urging debt repayment.Therefore,many courts have launched pilot programs for electronic procedure for urging debt repayment.However,due to the lack of sound theoretical support,although the pilot courts have some innovations in the practice of electronic supervision procedures,there are still many problems.It is reflected in the insufficient protection of the parties' choice of rights,the review criteria of the electronic supervision procedures are not clear,the effectiveness of electronic delivery is not clear,and the centralized jurisdiction lacks legal basis.The author conducts research on the extraterritorial electronic procedure for urging debt repayment,and summarizes the practical experience by studying the electronic procedure theory and judicial practice in Germany and the EU.Based on the practical background and realistic basis in China,we hope to respond to the problems in the pilot,and enrich the theory of electronic procedure for urging debt repayment in China.The main content of this article is divided into the following five parts:In the introduction part,a brief overview of the origin,research basis and research methods of this paper is given.The first part mainly introduces the basic concepts of the electronic procedure for urging debt repayment and the relationship with related systems,the background and foundation of the electronic procedure for urging debt repayment,and the significance of the electronic procedure for urging debt repayment.The second part revolves around "why we should carry out the reform of the electronic procedure for urging debt repayment",mainly on the theoretical basis and practical necessity of the electronic procedure for urging debt repayment.The third part studies the electronic procedure for urging debt repayment of the pilot courts,and summarizes the successful experiences and the problems they face.The fourth part examines the extraterritorial application of the electronic procedure for urging debt repayment,mainly on EU order for payment procedures.We conduct a comparative study on institutional construction and practical effects,and provide solutions to problems that have emerged or will appear in China's judicial practice.The fifth part combines the problems in the practice of China's pilot courts and the practical experience of the extraterritorial electronic procedures to put forward suggestions for the reform of China's electronic procedure for urging debt repayment.The conclusion part points out that the electronic procedure for urging debt repayment needs to strengthen the protection of the parties' choice,solve the obstacles of review,delivery,and jurisdiction,and achieve "functional equivalence." In this way,we can regain the effectiveness of the judicial diversion of the supervision process.