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On The Improvement Of The Electronic Delivery System Of Civil Litigation In China

Posted on:2020-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ShiFull Text:PDF
GTID:2416330578953416Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Article 87 of the Civil Procedure Law enacted in 2012 clarifies that the people's courts may serve some of the litigation documents by electronic delivery to the parties,and thus the electronic delivery system is established in China;the 2015 Supreme Law applies to the Civil Procedure Law.The judicial interpretation introduced has made more detailed regulations on the practical application of electronic delivery.Due to the objective factors such as the adoption of the electronic service of Article 87 of the Civil Procedure Law,which must be subject to the prior consent of the parties and the convenience of the application of electronic technical means,the electronic delivery system is applied at the initial stage of establishment.Not extensive.In recent years,with the further innovation and popularization of Internet technology and the increase in the acceptance of electronic delivery,the application of electronic delivery has shown a significant upward trend.At the same time,some problems existing in the legislative and judicial practice of China's electronic delivery system are gradually exposed.For example,the current law still has more ambiguity about the provisions of electronic delivery,and the construction of the court information platform needs further improvement.Problems,these problems have seriously affected the role of electronic delivery.In view of the problems existing in China's electronic delivery system,China's academic research mainly focuses on the study of the value of electronic delivery itself,and some scholars have put forward some feasible suggestions for the improvement of China's electronic delivery system.In view of the advantages of low cost,high efficiency and saving judicial resources,the author believes that the continuous increase of the frequency of electronic delivery is an inevitable trend in the future judicial practice.To solve the problems in the electronic delivery system in China,Further optimizing China's electronic delivery system,the author explores the practice of electronic delivery applications in China,and uses comparative research methods to conduct in-depth comparative analysis of China's electronic delivery systems with representative countries such as the United States,Britain and Germany.Excavating the crux of perfecting China's electronic delivery system,and finally starting from the actual national conditions of China,absorbing and renovating the practices that can be borrowed from abroad,and proposing relevant feasible suggestions for the problems existing in China's electronic delivery system,with a view to contribute to the improvement of China's electronic delivery system.
Keywords/Search Tags:Civil litigation, Electronic service, Service system, Program Selection rights
PDF Full Text Request
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