| Electronic service in civil litigation means that in civil litigation,the court that makes the service document has the right to use electronic communication tools that can transmit and receive digital information in real time,and transmit procedural legal documents and substantive legal documents into electronic forms.It is an act of service to the parties,the third party and the agent ad litem,which has the characteristics of instant transmission,no contact,and low cost.In the age of Internet information,modern science and technology have gradually developed,and information and communication technology has been continuously transformed in the direction of intelligence,digitization,and networking,and the way of human connection has undergone tremendous changes: the distance in space is disappearing,and all kinds of information have also achieved point-to-point connection.Instant delivery,people can connect the world without leaving home.The development of information technology also drives the reform of the judicial system: in 2016,the Supreme People’s Court first proposed to build a smart court and incorporated it into the national informatization development outline;Guangzhou Internet Court,Beijing Internet Court,and Hangzhou Internet Court have been established and put into operation.Online litigation helps to realize online handling of case filing,mediation,court trial,and delivery of the whole business and the whole process;the electronic litigation service platforms of the district courts are constantly being transformed and upgraded.The informatization construction of civil litigation has steadily advanced judicial electronicization.As an important part of judicial informatization construction,electronic service conforms to the trend of informatization construction of people’s courts,and meets the increasing demand for service in civil litigation and the people’s concern for civil litigation.The willingness to pursue facilitation of delivery has improved the efficiency and efficiency of delivery,and effectively solved the problem of "difficulty in delivery".Through data research and analysis on the current judicial status of electronic service of civil litigation in various courts and the operation of electronic service of courts in Jiangxi Province,it can be found that electronic service of civil litigation saves time and effort,takes a short time,has a fast speed,and has a high success rate.It is said that the advantages are obvious,and the courts are also actively transforming and upgrading the electronic service platform,and constantly optimizing the electronic service system for civil litigation.In recent years,the recognition of electronic service of civil litigation in legal norms has gradually increased.The overall rate,overall success rate and overall application rate have increased year by year.The service methods have been continuously enriched and expanded,and considerable progress has been made.A series of questions arise.Since electronic service was first included in the civil service procedure in the form of the Basic Law in 2012,it has become a new type of service that is equivalent to traditional service methods such as direct service,lien service,postal service,and forwarding service.The relevant supporting legal provisions are relatively sparse,which leads to problems in the practical application of electronic service in civil litigation.First,the application order of electronic service and other service methods is not clear,the law does not clearly stipulate the application order of each service method,and there is a lack of institutional provisions,which leads to the emergence of the parallel service mode;The servicer’s consent rule has had a certain impact on the traditional written form of "Confirmation of Address for Service",which makes it difficult to fill in the confirmation of service address;Norms and various courts have inconsistent standards for the completion of electronic service,and the design of the rules is general and broad,which is not conducive to the development of electronic service,and is likely to cause litigation disputes;fourth,there is a lack of differentiated promotion of electronic service for the subject of service.In practice,the "one-size-fits-all" approach of uniformly applying electronic delivery is often adopted;fifthly,there are security risks such as data theft and information leakage;sixth,the relief mechanism for electronic delivery is lacking,and the relevant rights relief system is relatively rough and general.It is difficult to play a practical role in practice.In order to give full play to the advantages of electronic service of civil litigation and solve the applicable defects in judicial practice,we should improve the system rules,optimize the implementation methods,enhance the security and construct the relief mechanism for damage to rights.First,improve the relevant rules of electronic service of civil litigation.First,straighten out and coordinate the use order of electronic service and other service methods,and comprehensively consider the type of case,the situation of the addressee and the type of documents on the premise of respecting the wishes of the parties;The second is to build a new service address confirmation mechanism by expanding the form of service address confirmation,standardizing the format of electronic service terms agreed before litigation,and strengthening the notification obligation of the court;Third,refine the completion standard of electronic service,and distinguish the standard according to the nature of the document and whether it has obtained the consent of the parties.Secondly,optimize the implementation method of electronic delivery.One is to distinguish different groups for the promotion and application of electronic service;Second,implement the intensive electronic delivery mode;Third,improve the acquisition and collection methods of electronic service addresses.Furthermore,strengthen the security of electronic service information in civil litigation.First,strengthen the construction of court infrastructure,improve relevant hardware supporting equipment,improve information construction,and constantly upgrade and optimize the electronic delivery system;Second,introduce block chain technology and apply it to electronic delivery system;The third is to build the protection and management mechanism of electronic service information,clarify the subject of responsibility,and properly manage the electronic service information stored in the information database.Finally,it constructs the relief way for the damage of the right of electronic service in civil litigation.First,add the objection system of electronic service in civil litigation,and refine the specific application procedures and rules;The second is to establish the accountability mechanism for the failure of electronic service,distinguish the subject of responsibility and the degree of fault,and divide the responsibility accordingly. |
