Analysis Of The Extraterritorial Electronic Document Delivery System Of China And Suggestions For Improvement

As the first step in judicial assistance for civil and commercial affairs,the delivery and receipt of electronic documents determines whether the following international judicial assistance procedures can be carried out and carried out smoothly.All along,in the field of international judicial assistance,the method of mutual service abroad and transmission of judicial documents between countries is mainly based on paper documents.The delivery of paper documents is a tradition of international judicial assistance since ancient times.It looks a solemn ceremony that embodies the judicial authority among nations.On the one hand,with the development of computer communication technology and the further integration of economic and trade activities among countries,foreign-related civil and commercial disputes have grown rapidly,and the long-term,low-efficiency,and high-risk problems highlighted by traditional paper-based judicial documents have become increasingly prominent.It is difficult to fill the gap between the increasing number of cases and the rapid development of communication technologies.On the other hand,under the background of the Information construction of “Internet+Court” and “Wisdom Court”,the system for the electronic service abroad has developed rapidly.The pilot courts have taken full advantage of this new mode of service of judicial documents and improved their service.To achieve efficiency,save judicial resources,improve case handling efficiency,and achieve significant results.However,whether it is the courts of China or other countries still adhere to traditional paper service methods in the delivery of extraterritorial documents,the use of electronic delivery methods is rarely used.Judging from the perspective of the People’s Court of our country,the inefficient service of traditional extraterritorial instruments will not facilitate the jurisdiction of the responding court to trials and trials.It will not be easy for litigants to complete lawsuits,nor will it be conducive to the development of international judicial cooperation.In this study,focusing on the analysis of this phenomenon and the underlying reasons,we analyze the obstacles that hinder the development of the international electronic service abroad system,from weakening the concept of “judicial sovereignty”,elaborating the legislation of extraterritorial electronic documents,and improving electronic delivery security technologies.To build a sound proposal for the gradual transition from a bilateral electronic delivery treaty to a multilateral unified delivery platform and to analyze the feasibility and development trend of the service system for electronic foreign domain documents.The proposals and concepts proposed in this paper are intended to facilitate the delivery of the instrument to adapt to the development of the times and advances in science and technology,so as to better improve the level of international judicial assistance in China,this study is trying to give some suggestions.