On The Development Status And Improvement Of Electronic Litigation System

The integration of modern information technology and civil litigation has become an irresistible trend.Most regions and countries in the world have begun to try to implement different forms of electronic litigation,and the electronic litigation system has become the focus of scholars in various countries.In the 1990 s,Germany began to carry out electronic reform of the litigation system,and in the early 20 th century,South Korea began to introduce the electronic litigation system in patent courts.Germany,South Korea and China both belong to the civil law countries,and have certain similarities in the setting up of courts.Their development experience in the construction of electronic litigation system has certain reference significance for China.Our country has made explorations in electronic prosecution,electronic litigation,electronic trial,electronic service and other aspects.This paper focuses on the practical development of China's electronic litigation system,examines the current development of China's electronic litigation system,and puts forward strategies to improve the existing problems of the electronic litigation system.The first part expounds the basic theory of electronic litigation system.The electronic litigation system is a comprehensive concept of the re-integration of litigation behavior and information technology,including a series of procedures such as case information management,electronic document management,electronic submission,electronic service and electronic trial.Electronic litigation is not an independent litigation procedure,it emphasizes the integration of information technology and modern civil litigation system.Civil litigation is essentially the interaction between litigation right and judicial power.From the perspective of court information construction,the focus of the construction is to protect the interests of the parties,and the principle of party centrism should be adhered to in the construction of the electronic litigation system.The second part examines the extraterritorial electronic litigation system.This paper introduces the reform emphasis of Germany's electronic litigation system,mainly including electronic submission,electronic service,electronic court trial,electronic information of the person to be executed,and validity determination of electronic documents.This paper introduces the main implementation process of South Korea's e-litigation system,including e-filing,e-trial and e-litigation.Germany,South Korea and China belong to the civil law system,and the relevant practical experience of the electronic litigation system has a strong reference significance for China.The third part analyzes the development of China's electronic litigation system.This paper mainly analyzes the electronic filing,management of electronic files,electronic service,electronic court and electronic court hearing of the electronic litigation system.Our country has not promulgated a unified law to regulate the construction of electronic courts,and various local courts have formed different models of electronic courts in the process of practice.This article focuses on the analysis of the development status of Jilin electronic courts and Hangzhou Internet courts in the electronic courts section.The fourth part puts forward the perfect strategy of the electronic litigation system.According to the current situation of the development of China's electronic litigation system and the practical experience of overseas electronic litigation system,this paper puts forward the improvement strategy of China's electronic litigation system.China's electronic litigation system needs to improve the relevant legislative provisions to provide a legal basis for the development of the electronic litigation system,perfect the electronic filing platform,perfect the electronic filing system,standardize the effectiveness of electronic documents,standardize electronic communication,electronize small claims and supervise the electronization of procedures.