Research On China's Civil Electronic Litigation System

Due to the continuous application of electronic information technology in the work of the court,from the beginning,electronic information technology was only applied in the judicial administration of the court to the application in civil trials.In the current era,the application of electronic information technology in civil procedure law can cover almost the entire stage and the entire process.At the same time,traditional litigation and electronic litigation have produced dual characteristics of relevance and conflict in terms of litigation principles,procedural values,and procedural rules.This article starts from the narrow sense of electronic lawsuits,and considers that the nature of civil electronic lawsuits is another state of litigation presented with the assistance of technology.Civil lawsuits have not changed in nature,but they have produced a certain degree of traditional lawsuit principles.Impact,but it will not prevent the civil electronic litigation from achieving the "party principle" function.This paper starts from the practical mode of combining the staged and auxiliary nature of civil electronic litigation in China,and uses the comparative analysis method to select the three major stages of our country: electronic Proceedings,online court hearings,and electronic delivery,analyze the typical problems and propose corresponding suggestions for improvement.The electronic prosecution stage proposes specific schemes of using online submission time and the use of structured electronic forms to determine the time and form of electronic proceedings;the online court stage proposes the improvement of the online court proceedings and the establishment of litigation participant identification systems,and The scope of online court hearings has been expanded and applied reasonably;for electronic delivery,a sound proposal for electronic delivery,the establishment of accountability mechanisms for failed delivery,and broadening the scope of electronic delivery have been proposed.