Research On The Civil Electronic Service System

Electronic service based on information technology boasts such advantages as saving judicial resources and improving judicial efficiency.It also offers new ideas to the solution of “difficulties in service”.The 2012 amendment of Civil Procedure Law officially included electronic service into the service system;the 2015 Judicial Interpretation of the Civil Procedure Law enriched the application rules of electronic service.In recent years,local courts have innovated the service mode,specified the service standards,and explored widespread application of electronic service.The latest amendment of the Civil Procedure Law in 2021 has further promoted the breadth and depth of the application of electronic service.Here,through analysis of the legislative evolution and current practice of the electronic service system,such problems as ambiguous responsibility and risk bearing,incomplete remedies of right of the addressee and network security hazard with electronic service in our country are pointed out.Through literature review and empirical analysis,considering the interests of related parties of electronic service,suggestions are made from the institutional and judicial perspectives for improvement of the electronic service system.From the institutional perspective,we should uniform criteria for determining the effectiveness of electronic service,clarify the burden of proof in cases of defective service and provide addressees who suffered loss of interests with more effective remedies.In judicial application,on the other hand,we should standardize the judicial use of information network data,establish diversified and verifiable means of notice and build a professional electronic service team with a view to guaranteeing the virtuous development of electronic service.