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On The Improvement Of Online Filing System Of Civil Litigation

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:X W HongFull Text:PDF
GTID:2416330611966309Subject:Law
Abstract/Summary:PDF Full Text Request
At the moment of rapid development of information technology,the Internet has penetrated into all aspects of people’s social life,and judicial activities as a part of social life are inevitable.As a result of the judicial construction adapting to the trend of information technology,the electronic litigation system came into being.As the starting link of civil procedure,online filing is the basis and important part of electronic litigation,which plays an important role in improving litigation efficiency and reducing litigation cost.China’s online filing has made some progress since its implementation,but there are still some problems in its system construction and practice,which hinder the realization of the due functions and values of online filing,and even deviate from the original intention of online filing.First of all,this paper introduces the current situation of the development of electronic litigation in China,analyzes the significance of online filing and its effect on the realization of traditional litigation value,and demonstrates the necessity and importance of improving online filing in the context of the development of electronic civil litigation.Then through the introduction and analysis of the reality of the online filing system and practical effect,it points out that there are a series of problems in the online prosecution and online acceptance of the online filing system in China.Finally,in view of the problems in the online filing system and practice,from the two aspects of determining the online filing principle,concept and value and improving the specific system of online filing,it is proposed that the principle of information security should be added to the online filing principle,the principle of integrity should be strengthened to restrict the parties and the court,the concept of litigation security as the center,and the priority of online filing to pursue the benefit value.At the same time,it puts forward some suggestions on the construction and improvement of the specific online system from the aspects of formulating a unified legal basis,strengthening technical construction and legal community publicity,in order to provide a theoretical basis for the further improvement and development of online filing.
Keywords/Search Tags:Electronic lawsuit, Online filing system, Litigation efficiency, Litigation justice
PDF Full Text Request
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