Research On The Improvement Path Of Electronic Supervision Procedure In China

Under the background of the gradual integration of electronic information technology and judicatory,electronic supervision procedure emerges as The Times require.Electronic technology runs through many links such as application,examination,objection and execution of supervision procedure,which further improves the operation efficiency of the procedure and alleviates the trial pressure of current civil cases.However,compared with some countries outside the region,China’s electronic supervision program is still in the pilot stage,and the operation problems of traditional supervision program are prominent,and the electronic supervision program is faced with the problems of insufficient experience accumulation and insufficient theoretical research.Therefore,it is necessary to solve the existing problems,focus on the electronic reform,and put forward measures to further improve the jurisdiction rules,legal electronic service,broaden the relief path.This paper puts forward feasible suggestions on the improvement of China’s electronic supervision procedure from three aspects of overcoming the existing problems of traditional supervision procedure,connecting with the supporting system of electronic supervision procedure and improving relevant laws and regulations.The structure of this paper is divided into four parts:The first part presents a brief introduction to the thesis,including the background,purpose and significance of China’s electronic supervision program.The second part introduces and analyzes the concept,process,function orientation and the necessity and feasibility of improving the electronic supervision program.Clarify its concept and electronic process,clarify the function orientation of electronic reform,that is,realize the improvement of litigation efficiency,save judicial resources,promote judicial intelligence three aspects,grasp the essence of supervision procedure from the macro.Then the necessity and feasibility of the electronic reform are analyzed.The necessity mainly includes: the original intention of legislation has not been realized,the judicial status of fewer cases,the number of disputes involving netizens has surged.The feasibility includes: the continuous and in-depth advance of electronic justice,the gradual establishment of a social system of good faith,the results of the pilot reform of electronic supervision procedures.Problems existing in the operation of the current electronic supervision project are discussed in the third part.Since the electronic supervision procedure is a formal reform based on the traditional supervision procedure,the problems arising in the electronic supervision procedure are divided into two aspects,including the problems existing in the traditional supervision procedure,such as the difference of the examination standard,the prominent abuse of objection right,the application rate of the procedure and the enthusiasm of the subject.It also includes the conflict between the governing rules and the electronic reform,the dispute on the legality of the electronic service,and the narrow way of right relief.The fourth part puts forward reasonable assumptions for the construction of electronic supervision program.Aiming at the electronic reform,the paper tries to optimize the traditional supervision procedure system and deepen the course of electronic reform.In order to surmount the issues existing in the original procedure,it is suggested to improve the examination system of payment order application,establish the punishment mechanism of abuse of objection right and implement corresponding measures to strengthen the enthusiasm of the subject.From the jurisdiction of the electronic supervise and urge program put forward by centralized system,further clarify the legitimacy of the electronic payment service,giving right remedy initiate retrial and the third person to dismiss the suit rights,cohesion,electronic supervision procedure and property preservation before litigation system,so as to make the electronic supervision program to overcome the existing shortcomings,and under the electronic reform fully realize the value of its efficiency.