Research On The Issue Of Civil Electronic Service In My Country

The rapid development of network information technology has gradually accelerated the pace of judicial electronic reform,and the application of electronic delivery in practice has become more and more common.After the revision of the Civil Procedure Law of 2012,the first method of electronic delivery was stipulated in the law.The "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China",which was implemented in 2015,further refined the civil litigation.The provision of electronic delivery provides a legal basis for the application of electronic delivery in practice.However,several regulations are not enough to support the application of electronic delivery in practice,and the expansion of the scope of electronic delivery applications has gradually exposed more problems.This paper analyzes the status quo of electronic delivery,finds out the existing theoretical,legislative and practical problems and proposes perfect suggestions to promote the good operation of electronic delivery.This article is divided into five parts.The first part is the introduction.In this part,the author introduces the significance of the topic,the research status and level at home and abroad,as well as the research methods of this paper and the innovation of this paper.The second part is about the basic theory of electronic delivery.In this part,firstly,the author analyzes the definition of electronic delivery proposed by scholars,and clarifies the research object of this paper—the concept of electronic delivery.Secondly,the author analyzes the uniqueness of electronic delivery and the law of electronic delivery.The provisions stipulate textual interpretation and system interpretation,clarify the status of electronic delivery in China's delivery system,and sort out the relationship between electronic delivery and traditional six delivery methods.Finally,the author introduces five specific forms of electronic delivery in practice..In the third part,the author puts forward the problem of electronic delivery.In theory,there are some conflicts between electronic delivery and the basic theory of civil litigation in China.The conflict between the procedural choice of the parties in the process of delivery and the court's litigation command,the characteristics of the electronic delivery of strong judicial efficiency and the conflict of litigation justice.The conflict between the functional positioning of electronic delivery and the functionalpositioning of the traditional delivery system and the procedural burden of electronic delivery to the parties are all issues that need to be studied in the process of electronic delivery;in legislation,at this stage The legal provisions on electronic delivery are very imperfect;in the actual operation process,there are more or less problems in the establishment,operation,effectiveness,failure,and relief of electronic delivery.The author summarizes and summarizes these issues in this section.The fourth part is an introduction to the delivery of electronic products outside the domain.In this part,the author introduces the development history and current situation of electronic delivery in Germany,the United Kingdom and the United States,and draws on some experiences to improve the electronic delivery system in China.The fifth part is the author's suggestions on perfecting the existing problems of electronic delivery.We should improve the operational specifications of electronic delivery in actual operation,ensure the safety and stability of electronic delivery,and set up remedial measures for electronic delivery failure.