Research On Civil Electronic Service System

As an indispensable link in civil proceedings,service has built a communication bridge between the court and the litigants.Driven by Internet technology,electronic delivery,as a means of data transmission by means of information communication,will undoubtedly become a part of the construction of smart courts.The unique paperless,instant transmission,strong technology and other characteristics of electronic service have the advantages of making up for the shortcomings of traditional service methods,improving the efficiency of litigation,and alleviating the dilemma of "more cases and fewer people",which naturally become the focus of reform in the civil service system.The electronic service system focuses on the realization of the service function and the protection of the procedural rights and interests of the addressee,which is of great value in alleviating the problem of "service difficulty" and protecting the parties’ procedural choice and right to know.The amendment of the Civil Procedure Law of the People’s Republic of China in 2012 officially introduced electronic service into civil proceedings;The introduction of the "Pilot Implementation Measures for the Reform of Diversified and Simplified Civil Procedure" in 2020 has led to the expansion of the electronic service system in terms of applicable conditions,scope,methods,and effective standards;The revision of the Civil Procedure Law of the People’s Republic of China in 2021 officially incorporated judgments,rulings,and mediation documents into the scope of application of electronic service;After a series of reforms and pilot work,the electronic delivery system has gradually improved.However,due to the different levels of judicial reform in local courts,the judicial application of the electronic service system varies slightly.In the process of studying the electronic service system,methods such as comparative research,empirical analysis,and value analysis are used,mainly referring to the practical situation of the application of the electronic service system in District C courts,and enumerating other typical court situations,comprehensive research shows that while the application rate and success rate of electronic service continue to increase in various local courts,there is also a lack of application of pre litigation agreed electronic service clauses The unclear sequence between electronic delivery and traditional delivery methods,the weak professionalism of electronic delivery personnel,and the low success rate of electronic delivery to the defendant have hindered the further development of the electronic delivery system.Through thinking about the operational difficulties of the electronic delivery system,a deeper analysis of the reasons for the above problems is as follows:the lack of operability of the pre litigation agreed electronic delivery clause makes the parties more cautious in applying the clause;The unclear order between electronic delivery and traditional delivery methods has led to confusion in the application of service personnel;The lack of technical measures to confirm the effectiveness of delivery has led to the "knowing the effective standard" becoming the "umbrella" of the parties,which has led to varying degrees of reduction in the applicability and success rate of electronic delivery,and also harmed the procedural rights and interests of the parties.In order to give full play to the advantages of civil electronic service system and solve the application defects in judicial practice,it is necessary to combine the causes of the difficulties in the operation of electronic service system,and put forward targeted suggestions from the following five aspects: first,to improve the pre-litigation agreed service clause,to create a more convenient system environment for improving its judicial application;Second,clarify the application sequence of electronic service,establish the priority of electronic service;Third,optimize the specific way of electronic delivery,increase the certainty and predictability of the application of delivery mode;Fourth,refine the definition of effective standards of service,increase the auxiliary role of technical supporting measures;Fifth,expand the collection channels of electronic delivery addresses to ensure the improvement of delivery efficiency and the realization of delivery effect.