Research On The Electronic Delivery System Of Civil Litigation In China

Delivery is an important system in the field of civil litigation,which plays an important role in civil litigation activities.The improvement of the quality of court trials and the protection of the legitimate rights and interests of the recipients depend on the smooth development of the delivery work.However,the courts in our country have long had problems in delivery difficulties,and the civil service has not been carried out smoothly.In recent years,with the dual promotion of economy and science and technology,electronic information communication technology has become more developed.In this context,the civil litigation delivery system has gained opportunities for innovation,and electronic delivery has emerged.In 2012,for the first time in China,the provision of electronic delivery in the form of legislation was not only made a new supplement to the civil service method in China,but also a new solution to the problem of the difficulty of delivery in our courts.Electronic delivery is a new delivery method adopted by the courts at all levels in the delivery stage,which is different from the traditional delivery of direct delivery,postal delivery,entrusted delivery,etc.,which changes the transmission path of the traditional delivery method.Mainly by means of telephone,e-mail,WeChat and other information communication and communication technologies,the judicial documents are delivered to the recipients in an electronic transmission mode,and the task of delivery is completed.In recent years,due to the deepening of the inconsistent increase in the number of cases received by Chinese courts and the limited growth of internal human resources,and the fact that the phenomenon of the arrival of social population is more uncertain,the phenomenon of delivery is difficult.It has become more serious.The traditional delivery method has become more and more difficult to cope with the outstanding problem of "difficulty in delivery" due to the inefficiency of delivery,high delivery,and limited geographical coverage.Therefore,it is highly efficient.The development and implementation of electronic delivery methods with advantages such as low cost and unrestricted geographical restrictions have become an inevitable trend.At present,in order to speed up the dilemma of "difficulty in delivery" and practice judicial informationization,China has been actively promoting the electronic delivery system in practice.Through the specific practice of some courts,the advantages of the system,such as high efficiency and speed,have been fully demonstrated,but the existing problems have been exposed.At present,China's electronic delivery system has major problems in five aspects.First,the specific methods and scope of application of electronic delivery need to be further broadened;second,the lack of a unified judicial document format for electronic delivery;The design of the voluntary rules and the acceptance rules of the recipients is not strong;the fourth is that the electronic delivery lacks the blame and relief procedures in the case of electronic delivery failure;the fifth is that the safety factor of electronic delivery is not high.In order to make the electronic delivery system play a better role and value in practice,effectively solve the problem of the delivery of the court,and truly realize the justice for the people and justice,the problems existing in the system should be solved one by one.Specifically,China should absorb the beneficial experience of typical countries and regions outside the region,and on this basis,put forward corresponding suggestions for improvement.First,in order to meet the needs of current practice,the method of electronic delivery should be expanded,and the scope of application of electronic delivery should be gradually expanded.Secondly,the format of electronic judicial documents should be designed to ensure the standardization of electronic delivery.The operational rules for delivery,specify the voluntary rules of the person to be served and the rules of the collection;then,add the responsibility and relief procedures for the failure of electronic delivery;finally,introduce more advanced science and technology to establish safer electronics Delivery system to reduce the risk of electronic delivery.