Research On Civil Electronic Service System

In the process of civil litigation,service plays a crucial role in the smooth trial and effective protection of litigants' litigation rights.With the advent of the information age,incorporating electronic service into the service procedure can not only save judicial resources,improve the efficiency of litigation,but also promote judicial justice to a greater extent.Electronic service system has been developed in China for several years,but the legislation is too rough;Stubborn malady still exists in judicial practice.In view of this,this paper will analyze and discuss the problems existing in the system of electronic service of civil litigation in China,so as to obtain a set of effective methods and measures.The paper is divided into five parts:The first part mainly introduces the connotation of civil electronic service,including the concept,characteristics and specific service method of electronic service.Electronic service is: subject to the consent of the person on whom the litigation documents are served by means of electronic service which can be confirmed and received by the person on whom the litigation documents are served by means of electronic service.The second part mainly introduces the advantages and limitations of civil electronic service.As a new way of service,electronic service has obvious advantages such as improving the efficiency of litigation and saving judicial resources,but all advantages have disadvantages,and the limitations of electronic service system,such as the greater risk of transmitting documents,also restrict its development.The third part mainly introduces the investigation and reference of civil electronic service system outside the region.By referring to the measures and experiences of the United Kingdom,the United States and Germany on the civil e-service system,this paper further details the civil e-service system in China and solves the difficulties faced by the system in judicial practice.The fourth part mainly introduces the legislative status and existing problems of civil electronic service in our country.At the legislative level,China has defined the types of electronic service,the requirements and effectiveness of the subject's subjective consent.However,the legislative measures do not exhaust all the problems faced by the electronic service system in the process of operation,so that there are still some problems such as the scope of applicable cases and unclear applicable procedures in the legislation.In the judicial practice supporting measures are not perfect and other problems have been criticized.The fifth part mainly introduces the Suggestions of perfecting the electronic service system in China.The procedure rules of civil electronic service should be detailed in legislation,and relevant measures should be taken in judicial practice to ensure the smooth operation of electronic service system in our country's litigation procedures.