On The Construction Of China’s Electronic Supervision Procedure

As a non-litigation dispute resolution method,the original intention of the system is to resolve cases in which the parties have no dispute but fail to perform within the time limit,and urge the debtor to perform by issuing a payment order.In this way,the creditor applies for a payment order to urge the debtor,and with the purpose of informing the debtor of risks.If the debtor does not raise a valid objection after the 15-day objection period,the creditor obtains an enforceable payment order.This system achieves the effect of resolving disputes without going through a substantive trial,which greatly saves judicial resources and the parties’ time and litigation costs.The electronic supervision procedure is based on the original supervision procedure,adding the elements of the electronic court,and using Internet technology to realize a series of online application for payment orders,online submission of evidence materials,online review,online automatic generation of payment orders,and online delivery Process.The principle of centralized jurisdiction breaks the geographical boundaries of the original case,changes the plaintiff’s jurisdiction over the defendant-based litigation,and facilitates parties in different regions.The electronic supervision procedure is not only an "electronic" coat added to the original supervision procedure,but also an innovation and reform of the original supervision procedure.The electronic supervision procedure was developed by the court in cooperation with Zhejiang University,Alipay,Ant Financial and other units.Based on the experience of other countries’ electronic supervision procedures,combined with the characteristics of China’s Internet development,it has a natural advantage for Internet-related cases.It is a tailor-made system.The construction of the electronic supervision procedure needs to be based on the establishment of a perfect social credit system.The supervision procedure itself does not have the ability to resolve disputes and the system design.This also leads to a simple and efficient supervision procedure.The relationship between creditors and debts is clear,and the subject matter of the case is clear.The application of the right of opposition and the characteristics of non-litigation procedures have determined that its ability to resolve disputes is very poor.However,in the construction of smart courts,the use of electronic means to resolve simple cases is the original intention of this system.The electronic supervision procedure applies the principle of centralized jurisdiction,which greatly reduces the litigation costs paid by the parties under the principle of "plaintiff as the defendant",which is also extremely beneficial to the unification of the review standards for electronic supervision procedures.Germany,the European Union and other countries have adopted mechanized form trials to make the electronic supervision procedures have achieved good results outside the territory.However,due to the low application rate of the parties and the uncompleted social credit system in China,the theory and practice of the electronic supervision procedures are serious.This article discusses the construction of electronic supervision procedure,starting from the case to further analyze the development of China’s electronic supervision procedure,and try to put forward my own opinions and suggestions to promote the development of electronic supervision procedure.