Research On The Electronic Service System Of Civil Litigation In China

In civil litigation,delivery is an indispensable system that connects the litigation procedure and the legitimate rights and interests of the addressee.Whether the legal effect of delivery occurs by electronic delivery directly affects the progress of the litigation link,and also depends on whether the legitimate rights and interests of the served party can be exercised and protected in a timely and effective manner.Since the reform of the judicial system and the implementation of the case registration system,courts in various places have faced tremendous pressure from litigation explosions,and the delivery of courts has also encountered great challenges.The traditional paper delivery method is limited by the time and space factors of delivery,and the application of the fax delivery method also requires both parties to have fax equipment to achieve,the traditional delivery method is inefficient and the cost of delivery is high,and it has become more and more difficult to deal with the prominent problem of "difficult delivery" of the court."Difficulty in delivery" has always plagued courts everywhere,and litigation activities often cannot be smoothly advanced due to obstacles in the delivery process.With the rapid development of the digital era and the in-depth popularization of Internet applications,the traditional paper delivery and fax delivery methods have gradually failed to meet the needs of society and the market,and informatization and electronicization have become an inevitable trend,and electronic delivery has emerged.As an important part of the digital construction of the judiciary,electronic delivery conforms to the trend of people’s court informatization construction,meets the growing demand for delivery in civil litigation and the people’s willingness to pursue delivery facilitation,breaks the time and space constraints of traditional delivery,greatly improves the quality and efficiency of delivery,and provides new ideas for solving the "delivery difficulty" that has long plagued courts.With the expansion of electronic delivery applications,electronic delivery improves the efficiency of delivery,but the insufficient protection of the rights and interests of the addressee makes it impossible to achieve a dynamic balance between judicial efficiency and judicial justice.The newly revised Civil Procedure Law and the Judicial Interpretation of the Civil Procedure Law refine the rules for electronic delivery,but there are still many difficulties to be solved in the current judicial practice of electronic delivery: the effective standards for electronic delivery need to be further refined,the application conditions for electronic delivery are not clear,and the lack of liability and relief mechanisms for delivery defects all restrict electronic delivery from giving full play to its due advantages.Based on this,this thesis intends to carry out in-depth analysis and research on electronic delivery on the basis of the theoretical research of predecessors,and summarize the improvement suggestions of the domestic electronic delivery system from various aspects based on the experience of electronic delivery in the United States,Germany,South Korea and other countries: refine the effective standards of electronic delivery;Clarify the scope of cases applicable to electronic delivery,clarify the order of application between traditional delivery methods,design the subject of delivery and the conditions for initiation,and refine the procedural rules for electronic delivery;Establish mechanisms for attribution and remedy for defects in electronic delivery,clarify the legal responsible subjects for electronic delivery and the pursuit of responsibility,and reasonably regulate electronic delivery behavior.In addition,it gives the addressee the right to object to procedural objections to damage to its rights due to the defective acts of others,and protects the legitimate rights and interests of the addressee.