Research On Civil Electronic Litigation Rules

Since the 21st century,the Internet,with its convenience,efficiency,interconnection and many other characteristics,has been rapidly popularized all over the world.Electronic information technology has gradually become one of the most influential technologies in human history,affecting various social fields such as government affairs,justice,finance and so on.In recent years,various countries in the world are trying to apply the Internet in the judicial field one after another.The civil law countries represented by Germany and South Korea take the lead in formulating relevant laws and regulations on electronic litigation,which regulate key steps such as electronic submission,electronic file and electronic trial at the legal level.In accordance with the trend of The Times,China actively promotes the reform of electronic justice,and has carried out the pilot work of electronic litigation in some areas and made good progress.But the problem is,because in the civil procedure law of our country and relevant judicial interpretations have not yet to make clear a regulation,electronic proceedings in the judicial practice in the process of online registration,evidence exchange,remote trial operation is not standard,to some extent hindered the promotion of civil electronic lawsuit pattern,make special civil procedure rules is therefore a problem to be solved at the legislative level.In this paper,by comparing the basic theory of traditional civil lawsuit,is clear about civil electronic lawsuit,refers to the court under the auspices of the parties and other participants in the proceedings through the electronic information technology to participate in the activities of civil litigation and the floorboard of the litigation produced by its relations,and civil electronic lawsuit,summarized the characteristics such as convenience,virtual sex;To compare and analyze the advanced experience in the field of foreign electronic litigation and summarize the enlightenment to the construction of civil electronic litigation rules in China;In view of the specific problems in the judicial practice,such as the confirmation standard of electronic service,the identity verification of the litigant participants,and the remote appearance of witnesses in court to testify,this paper puts forward some suggestions for the construction of rules suitable for China's national conditions,in order to provide more effective help for the construction of China's civil electronic litigation system.