Research On The Electronic Delivery System Of Civil Procedure Law

Service of documents cannot be ignored from beginning to end,traditional delivery methods are based on paper documents,the new type of electronic delivery method is to use electronic media to transmit documents to parties,not only has it eased the burden on the court to serve the documents,it has improved the efficiency of serving the documents,but it also fully protected the litigant rights of the parties.At present,China's electronic delivery system has made great progress compared with the beginning,but there are still some problems.At the legislative level,the scope of electronic delivery is not clear,there is no stipulation on the types of cases and procedures that are applicable,and in addition,judgments,rulings and mediations are excluded from the scope of application,which can no longer be adapted to the current status of practice.The applicable objects of electronic service are not specified.The design of the rules for electronic delivery is not perfect,the types and forms of consent are not specified in the voluntary rules,and the identification methods in the receiving rules are not specified.Lack of legal responsibility and relief system.There is no uniform standard for the format of electronic documents.At the judicial level,the use of electronic delivery is uncertain.Lack of dedicated electronic delivery personnel.Different levels of economic development make regional development uneven..Insufficient attention to e-service.Low application rate for electronic delivery due to inadequate publicity and staff are backward.In order to improve the electronic delivery system,this article puts forward relevant suggestions from the legislative and judicial fields respectively.In legislation,clarify the scope of electronic service,expand the types of applicable documents and litigation procedures,and consider whether electronic service is applicable in the light of the nature of the case.Expansion of the applicable object,if the recipient is engaged in a law-related occupation,he can consider the priority application.Refine the rules,on the one hand,increase the types and types of consent,on the other hand,in order to clarify the standard of receipt,you can specify the need to send a receipt,and you can also set a mandatory pop-up.Clarify the legally responsible subject for unsuccessful delivery and provide remedies to protect the rights of the recipient.Uniform format and preservation of electronic documents.Judicially,realize the best combination of multiple ways of electronic delivery,a nationwide unified electronic delivery platform can be established and use advanced electronic technology.Train specialized electronic delivery personnel.In order to speed up the development of electronic delivery in some areas,courts in various places can formulate policies that are conducive to their own development according to actual conditions.Pay more attention to electronic delivery,measures can be taken to increase publicity,change the concept of judicial staff,and strengthen professional training.