The Research On Civil Procedure System Of Electronic Service

Electronic service is a way of delivery,referring that in the course of civil litigation,the court sent related case materials to the addressee,by means of electronic data transmission such as fax,mobile communication,e-mail and new social media under the condition that the addressee allows and confirms receipt of related case materials.Compared with the traditional service mode,electronic service is characterized by high technology,the invisibility of the service documents,the complexity of the service certificate and has the unparalleled advantages,which further realized the value of procedural freedom,procedural efficiency and other value.However,as a new way of service,electronic service has its own limitations which its procedure safeguard function remains to be strengthened and its over-reliance on technology.In terms of the status quo of civil electronic service,the electronic service has a legal status,but with the relevant provisions of less and too principled,the lack of matched procedural rules.In practice,electronic service still is confronted with many difficulties,one is the lack of detailed rules of procedure,such as electronic service to start the program,the application scope,the recipient of the 'confirmation received',and legal responsibility and relief system of delivery failure are not clear.The second is the shortage of a correct understanding of electronic service.The third is the constraints of equipment and technical conditions.In this regard,the civil electronic service system need to be improved from aspects of procedure rules and technology.As for procedure rules,following measures should be taken.Firstly,the commencement procedure of electronic services need standardizing,including the establishment of screening mechanism,clear the electronic service procedure start-up subject,etc.Secondly,application scope of cases and documents should be defined clearly.Thirdly,we should guarantee the parties to'confirm receipt'.Finally,it is necessary to reasonably arrange the legal responsibility and remedy mechanism of electronic service failure.As for the technology,the electronic service of technical support ought to be strengthened,consisting of establishing a nationwide unified electronic service platform and strengthening the security technology.Furthermore,it is also important to promote the knowledge and application of electronic service all over China via the improvement of relevant supporting measures,with a view to better achieve win-win situation of our country civil litigation justice and efficiency.