Related Studies Of Electric Service In Civil Procedure

As a typical representative of electronic technology combined with judicial procedures,electronic service is seen as an important way to solve the "difficulties of service" in civil litigation.The immediacy and efficiency of electronic technology can significantly simplify the service process,reduce the cost of electronic service,and improve the service's efficiency of civil litigation.With the amendment of the Civil Procedure Law in 2012 and the judicial interpretation of the Civil Procedure Law in2015 was introduced,the electronic service was officially included in the service system and given its legal status.However,in recent years,local courts have continuously innovated the service mode and created the service rules in the judicial practice,so that the electronic service system has gradually improved.It should be noted that due to the defects of the Civil Procedure Law provisions,the problems of electronic service in practice are gradually emerging.On the whole,electronic service is an electronic legal communication behavior,which belongs to the electronic judicial system and is also an important part of China's electronic litigation.Therefore,when discussing the issues related to electronic service,we should also pay attention to the relationship between electronic technology and judicial procedures,and accurately analyze the impact of electronic technology on civil litigation.How to correctly understand electronic service,grasp the general situation of judicial practice,and put forward perfect opinions on the issues are the focus of this paper.On the basis of extensive collection of literature and materials,this paper fully combines thejudicial practice experience,defines the basic elements of electronic service through comparative analysis of research methods,analyzes the specific mode of electronic service by linking the legislation,and then proposes existing problems.From the perspective of litigation principles,this paper takes the party's procedure participation rights guarantee and electronic technology serves for judicial activities as value orientation.With regard to the study of the system itself,this article discusses the specific composition and improving suggestions of electronic service.In addition to the introduction,this article has more than 40,000 words,and analyzes the related issues of electronic service in three levels.The first chapter is an overview of the electronic service system.First,the service is the act of the court to send the litigation documents to the parties and other participants in the proceedings.Combined with the interpretation of the concept of "electronics" in different theories and related laws,the meaning of electronic service is clarified.On this basis,it is the core meaning of electronic service to propose the guarantee of the parties' participation in the process from the perspective of the effectiveness of the service system and the qualitative point of electronic technology.Combined with the analysis of the background,the electronic service is determined by factors such as the inherent needs of the service system,the possibility of technical operation and the necessity of judicial management.In connection with the overall situation of the reform in China's electronic litigation mechanism,it is necessary to recognize the role of electronic service in improving the level of intelligentization of the court.It is also necessary to clearly emphasize that electronic service is based on the party-centered and judicial technology.The second chapter is about the status quo and problems of electronic service in civil litigation.The discussion on the status quo of judicial practice mainly includes the diversification of expressions and the guiding application of electronic service.This section summarizes the various forms of electronic service media from local to national,including litigation services websites,WeChat service and many other mechanisms.At the same time,the conclusions of the standardization of electronic service are continuously improved from the aspects of specialized litigation platformsand organizations,and cooperation with third-party organizations.With regard to the legislative evolution of electronic service,the article summarizes the process of electronic service of civil litigation in a chronological order “from special to general,from partial to whole”,and further points out the adjustment and breakthrough of the current partial rules.On the basis of summarizing the practice and analysis of legislation,it sums up the problems of the judicial management system being impacted,the limitations of electronic service of legal norms,and the lack of social management measures,so as to prepare for the improvement of opinions.The third chapter focuses on how to realize the standardization construction of electronic service of civil litigation in China.To improve the electronic service system,we must first clarify the relevant principles.In combination with the previous analysis,it is the basis for respecting the free will of the parties and the electronic technology serving for judicature.The practice of extraterritorial civil electronic service system is also worth learning and reference.The alternatives of electronic service,the specialization of the person to be served,the auxiliary measures in service,and the determination of technical standards are all suitable for optimizing the electronic service of civil litigation in China and have a positive meaning.In summary,the author believes that the misplaced application between electronic service and traditional methods can be realized from the perspectives of standardization and system management,the system of service and reimbursement can be implemented,and effective remedies for damages can be provided.From the perspective of the Internet environment,we should promptly promote China's Internet security technology norms and legislation,and create a good development space for the electronic service.