Discussion On The Practice Of Electronic Delivery In Civil Action

The application of electronic delivery in the field of civil action is an inevitable measure to solve the difficulty of delivery under the influence of multiple factors such as the development of economic technology,the increase in the total number of civil cases,the increase of population mobility,and the difficulty in determining the address of the party.It has an epoch-making significance to both the parties and the judiciary authorities and is an innovative way to achieve judicial justice and efficiency.Although the electronic delivery in the current system of civil action is supported by the civil procedure law,the implementation of electronic service in practice still has a real dilemma due to the general situation of the legislative provisions,the lack of detailed implementation rules and the lack of complete technical support.In order to break the real dilemma of electronic delivery and truly maximize the advantages of electronic delivery,it is necessary to visually analyze the results and current status of electronic service of civil action in the form of data,through studying the evolution of legislation,the analysis of the requirements of electronic delivery methods,comparing the pioneering practices and tentative breakthroughs of pilot courts in some regions,analyzing the causes of difficulties in existing principles,rules and supporting facilities of electronic delivery in civil action,conducting in-depth research on the approach of electronic delivery in civil action,and putting forward feasible suggestions,including the legislative level to identify the independent and complementary status of electronic delivery,increase the party's participation in delivery and break through the prerequisites of "party consent",and the operation rules level to refine the applicable types and procedures,broaden the content and channels of delivery,enhance security technology prevention and improve accountability and relief mechanisms,and finally realize the reshaping and improvement of the electronic delivery system.In addition,the application of modern information and communication technology in the action field should not stop at electronic delivery,the improvement of electronic service system will also cultivate the soil for reference for the construction of judicial authentication,Internet court,classified case retrieval and other action platforms,and provide legal guarantee and practical verification for realizing the comprehensive development of electronic action.