On Current Situation And Improvement Of Civil Electronic Ligigation In China

With the emergence of electronic technology in the field of judicial trial,it is the general trend that traditional civil litigation moves towards civil electronic litigation.In2020,because of the COVID-19,it is the right time for non-contact litigation,that is,civil electronic litigation.At present,the judicial practice of civil electronic litigation system is explored vigorously in China.Starting from the narrow sense of civil electronic litigation,civil electronic litigation refers to a series of litigation activities that civil procedure is integrated with information technology and completed with related litigant participants in a digital and electronic way in this thesis.However,due to the limited space,an empirical analysis is made in this thesis,including online case-filing,e-delivery,e-court hearings,which are used most widely as well as being the most representative in juridical practice.Based on the author’s seven years’ working experience in the court and trial data in S Province,current situation of legislation,implementation status and the obstacles existing in juridical practice of the above mentioned three stages in China are illustratd and analyzed in this thesis.After analysis,it is revealed that at present,there are some problems existing in each stage of the application of China’s civil electronic litigation,such as the hysteresis quality,lack of uniformity or scientific nature.The time of online case-filing is vague,which provides the soil for unfaithful litigation and is not conducive to the equal right of prosecution.There are too many limitations on the application scope of e-delivery.The standard of service time is difficult to identify,and the security and stability need to be improved.E-court hearings impacts the traditional trial rules,the application scope is too narrow,and the use of electronic evidence is limited.To solve the above mentioned problems,this paper puts forward to revise Civil Procedure Law to formulate a national unified,scientific and operable system of legal norms.In the stage of online case-filing,the time of filing should be reasonably determined,the principle of litigation integrity should be implemented,and the equal right of prosecution by litigants’ should be ensured.When it comes to e-delivery,the scope of application should be broadened,the defects of "arrival doctrine" of service time should be remedied with the help of technology and system,in order to establish a safe and efficient service system.In the stage of e-court hearings,some suggestions are offered as well.Relevant trial rules are supposed to be completed.The procedural option of the litigants’ should be respected as well as exerting the discretion of the court.Electronic evidence should be examined accurately.The form of court hearing can be changed in a reasonable way.