| With the popularization and development of the Internet,judicial electronization has been widely used in judicial systems of various countries,which is also the future development direction of our country’s judicial system.Filing a case is the key to the litigation process.How to maximize the convenience of filing a case through the Internet is the focus of China’s judicial reform.At present,84% of the courts in our country have opened up online filing channels and achieved good judicial results at filing level.However,with the advancement of the online filing system,various hidden problems have gradually emerged.On the theoretical level,there are some problems in the online filing system,such as unclear concept,lack of legal basis,etc.At the practical level,there are some problems in the online filing system,such as lack of material guarantee mechanism,confusion of online filing modes,narrow scope of accepting cases,and awareness of filing subjects to be improved.In order to effectively solve the above-mentioned problems existing in the online filing system,this paper will examine the development process and advantages of the extraterritorial online filing system,make a comparative analysis of the existing problems and their causes in the operation of the online filing systems of courts in various parts of China,and put forward suggestions on the improvement of the online filing system,so as to promote the standardization,convenience and high efficiency development of the online filing system in China.The full text is divided into four parts:The first part is mainly to carry on the theoretical analysis to the online filing system,through collecting the online filing system theory,unifies our country each district judicial system online filing system interim measure,to clarify the online filing system concept,and carries on the analysis to the online filing system procedure value,mainly launches the discussion from two aspects which reduces the dispute solution cost,guarantees the right of appeal,and through our country judicial system computerization,the filing diversion mechanism and the policy guidance three dimensions to carry on the demonstration,obtains the online filing system in our country judicial system operation feasibility and the necessity.The second part mainly inspects the overseas online filing system.This paper selects the innovative mode and practical experience of the online filing system in the United States,South Korea,Germany,Britain and other countries,and analyzes the advantages of the online filing system in various countries and its reference significance for China.The third part is mainly to analyze the problems existing in the development and operation of the online filing system in our country at the present stage.Through analyzing the operation of the online filing system in the court systems of 22 provinces,4 municipalities directly under the Central Government and 5 autonomous regions except Hong Kong,Macao and Taiwan,this paper discusses the legal status,system docking,application mode and concept renewal of the online filing system,and summarizes the problems existing in the online filing system in our country.The fourth part is mainly to undertake the third part.By combining the experience and advantages of the operation of the extraterritorial online filing system,the author makes a comparative analysis of the existing problems in China’s online filing system,and puts forward opinions and suggestions to build and perfect China’s online filing system from the aspects of perfecting the legal norms of the online filing system,establishing a guarantee mechanism for online filing materials,appropriately expanding the scope of accepting cases,improving supporting measures and strengthening the awareness of online filing.The purpose of this study is to analyze the existing problems in the operation of China’s online filing system at the present stage,sum up the experience in the operation of overseas online filing system,and put forward suggestions on the improvement of China’s online filing system,so as to promote the standardization,convenience and high efficiency of China’s judicial system informatization reform. |
