Research On Some Issues Of Civil Electronic Procedure

Today’s society is a society with the rapid development of information technology.With the frequent emergence of artificial intelligence,big data,cloud computing and other words,it also marks the arrival of the fourth industrial revolution and the arrival of the era of intelligence.Intelligent technology has penetrated into the public’s study,work and life,and changed the previous way of life.Internet technology is entering every aspect of people’s production and life with the trend of rapid development.Information construction is an important engine and driving force for the court’s innovation and development in the new era,and it is also a profound self-revolution.And civil electronic lawsuit is under the background of information revolution and intelligent products in the field of justice,since the seventy s,many countries or regions began to explore in practice of civil electronic proceedings,after decades of exploration,the theoretical and practical circles nowadays have different forms of legislation as well as a mature experience in practice.Current civil electronic lawsuit rely mainly on the development of practice in our country and around the courts under the Supreme People’s Court of macro guidance,according to local actual situation,their lawsuit against electronic platform explored,among them,on June 19,2015 the official opening of jilin electronic court is the first "complete coverage,all-weather public litigation,the whole process and comprehensive integration" of electronic court;Was founded on August 18,2017 Internet court of hangzhou,is China’s first centralized trial court,wade network cases around the world also is the first,the court established intelligent online platform,has realized from prosecution,proof,and then to the whole process online such as the trial to deal with,may never leave home can complete lawsuit.In the aspect of legislation,our country the first clear use of electronic science and technology in civil lawsuit is not the civil procedure law of the People’s Republic of China(hereinafter referred to as the "civil procedural law"),but take effect in April 2002 the supreme people’s court about civil action evidence certain provisions(hereinafter referred to as the "civil evidence rules"),article 56 of the inside to meet certain conditions,thewitness to testify by two-way audio and video transmission technology.After years of discussion and summary in the theoretical and practical circles,in order to comply with the development of network technology,electronic technology was finally introduced into the civil procedure law amended in 2012,which stipulated electronic service and electronic data.Although civil electronic litigation has achieved good results in practice,in the process of its development,due to the lack of specific rules of electronic litigation procedures,there are many problems in practice.In particular,during the epidemic prevention and control period,a large number of civil electronic lawsuits are applied,which further exposes the problems.How to deal with the development of information network in traditional civil litigation is urgent to be solved.Based on the concept,characteristics and development status of civil electronic litigation in China,this paper compares the differences between traditional civil litigation and civil electronic litigation,and analyzes the deficiencies in the development of civil electronic litigation in China.Includes the practice and the lack of a unified national system of legal norms related to civil electronic suit support,remote session scope smaller,electronic delivery methods can’t apply to all objects,the witness the lack of remote mode option,in the process of civil electronic litigation security problems around the need to focus on,judicial practice of civil litigation development not balanced,electronic litigation platform construction is not perfect,etc.This paper analyzes the necessity and feasibility of perfecting the civil electronic procedure in China.In view of the above-mentioned problems,we should combine China’s national conditions,take "procedural justice giving priority to procedural efficiency" as the principle,integrate local practice and exploration experience,and establish a national uniform online litigation rules;Extending the scope of application of remote hearing;The distinguished objects are applicable to electronic service;The option of remote testimony should be given to the witness under the following three circumstances: the minor and summary cases,the witness is a minor who can express himself correctly,and both parties express their consent.Make full use of block chain technology to ensure the security of civil electronic litigation process,and cultivate professional information talents in the court;In terms of balance around the development of electronic case,in the construction of a unified national civil electronic before litigation platform,to build a unified national platform for the online registration,to avoid the site to work overtime and on economic backwardarea court informatization construction to provide funding and civil electronic network promotion action,to improve the utilization rate of civil electronic lawsuit;Application should be put in the first place in the construction of electronic litigation platform.In this way,civil electronic proceedings with Chinese characteristics are gradually improved,aiming at promoting the process of electronic and intelligent reform in the judicial field of Our country,and playing an active role in solving social conflicts quickly and efficiently.