Research On Civil Electronic Service System

Electronic service refers to a method of service in which the court sends the litigation documents to the parties and other litigants using new methods such as e-mail and mobile communications upon the consent of the servicer.The Civil Procedure Law of the People's Republic of China,which was revised in 2012,officially listed electronic service as an independent service method,which further broadened the civil service system in China.On the basis of inheriting the advantages of traditional service,electronic service has gradually improved with the advantages of high efficiency,low cost,and convenience to adapt to the Internet era,and has achieved the value goal of improving the efficiency of litigation.significance.As far as the legislation and operation status of electronic service in China is concerned,although electronic service has a legal status,the accompanying legal provisions are relatively few and too principled.In practice,it is gradually reflected that there are still operational difficulties in electronic service,such as unclear start-up procedures,unclear application sequence and scope,difficult to determine the standards for confirmation,lack of relief procedures for failed service,and challenges to security and effectiveness..In order to give full play to the value function of electronic service to improve the efficiency of litigation,China should fully draw on the advanced experience of electronic service in typical countries outside the country,and propose comprehensive suggestions for electronic delivery from the perspective of procedural protection and security to meet dispute resolution in the era of big data.Social needs online.First of all,by clarifying the rules of "recipient's consent",legislation can expand the form of "consent",construct explicit and implicit consent standards,and confirm the validity of the electronic address confirmation and pre-litigation agreement electronic service.Second,clarify the order and scope of application.When the parties agree to electronic service,electronic service can be preferentially applied,and the referee documents should be included in the scope of electronic service under the condition that the recipient's explicit consent is met;Rules,adopting the principle of confirmationism as the basic principle,supplemented by the doctrine of service,and setting up an overdue default service system to standardize electronic service standards.After the court sends the electronic document,the parties are obliged to reply to the court thatthey have received the electronic document to facilitate the court to make a return certificate for service.Based on the establishment of an overdue default service system,the right of objection is granted to the recipient to prevent damage to the rights and interests of the parties caused by unconfirmed receipt documents due to objective reasons.In addition,we will improve the remedy procedures for electronic service,and construct remedy procedures for failure of electronic service from the perspective of the recipient and the court,and clarify the relief period for the recipient of the objection and the relief procedures initiated by the court according to different circumstances.Finally,for the security of electronic service,the design of an intensive electronic service system was proposed.The electronic signature technology with hierarchical settings was adopted to achieve a highly integrated national unified electronic service platform with multiple functions in one to ensure that documents were delivered.Security and stability.Fine legislative design can ensure that electronic service is becoming more mature,effectively improve judicial efficiency,and maintain judicial justice.