On The Civil Electronic Litigation System In China

With the advent of the 5G era,the emergence of high and new technologies such as blockchain,artificial intelligence and big data has brought earth-shaking changes to the Internet industry,and new scenes and applications continue to emerge.Information technology is quietly changing the state of people’s life and the form of social development,and its efficient and fast technology coincides with the pursuit of litigation efficiency in the modern civil litigation system.Therefore,China’s civil procedure law should comply with this development trend and make a positive response.Civil electronic litigation is a general term of rules and principles formed by judges,parties and other litigation participants using information technology to interact.Its emergence affects the interaction habits between the parties and between the parties and the judge,but it does not change the internal mechanism of the traditional litigation,more like a special form of civil litigation.In recent years,China has carried out a series of judicial reform activities,and achieved outstanding development results,bringing a good litigation experience to the parties.However,due to the lack of unified and applicable legal norms,local courts have formed a different mode of electronic litigation in the process of practice.In February this year,the Supreme Court issued a draft of the regulations on several issues concerning online handling of cases by the people’s Court,which made preliminary provisions on the concept,scope of application,online filing,identity authentication and other issues of online litigation.This move of the Supreme Court draws a blueprint for the future development of civil electronic litigation in China,formulates unified and applicable civil electronic litigation rules,gradually expands the scope of application,and promotes the development of electronic litigation from specialization to generalization.it has become an inevitable and urgent decision-making content in the construction of modern rule of law in our country.On this basis,we should take advantage of the current positive reform situation to improve the rule system of civil electronic litigation from a systematic perspective.First of all,we should learn from the reform experience of foreign countries,formulate medium-and long-term development plans and choose a scientific legislative path based on the consideration of China’s legislative habits and development.Secondly,we should clarify the legal effect of filing a case online through legislation,refine the specific content of electronic service,improve the relevant norms of remote testimony,expand the scope of application of network trial,and improve the procedural mechanism of civil electronic litigation.To provide legal and theoretical support for the implementation of electronic litigation in the whole country.Finally,establish a national civil electronic litigation service platform,unify the coverage and operating norms of electronic litigation services,and coordinate the information process of courts at all regions and levels.In addition,the renewal and improvement of modern information technology is also an important factor restricting the development of civil electronic litigation.The hardware and software supporting facilities of civil electronic litigation should be further strengthened.Block chain storage technology is introduced so that electronic data can be fixed in the process of transmission and will not be easily tampered with,so as to ensure the healthy operation of electronic litigation procedures.This paper takes the narrow electronic litigation as the research object,and selects four main litigation links: online filing,electronic service,remote testimony and network trial.On the basis of analyzing the successful reform experience of foreign countries and based on the current judicial practice,we should deeply grasp the scientific law of the operation of electronic litigation procedure in our country and promote the continuous improvement of civil electronic litigation rules.