| With the popularization of e-commerce economy,original and traditional economic models and life models have been gradually changed.Electronic information technology has penetrated into various fields in people’s daily lives.Technology will undoubtedly promote the building of electronic and intelligent judicial system and smart court.Therefore,in order to adapt to the trend and the current economic requirements,it is urgent for the electronic service system to make changes that are compatible with the country’s current development.Although China’s Civil Procedure Law has made corresponding regulations on the electronic service system,they are relatively vague and rough in terms of overseas legislation.To a certain extent,they are difficult to adapt to the current economic and technological development system.Therefore,related improvement of the institution is imperative.This thesis mainly discusses the basic theory of the electronic service system in China,introduces the exploratory experience of the pilot courts related to the electronic service system in China,gives the example of the pilot case of the electronic service system by the court of W District and analyses the status and remaining problems of the system.After the analysis of identification of the subject of electronic service,methods of service and the effectiveness of service,etc.combined with relevant legislation and under the premise of the combination of achieving justice and efficiency,and integrating the Internet development thinking with the rule of law thinking,the author believes that the electronic service system should break through the current laws and improve technical requirements of electronic service.At the same time,the author believes that the electronic service system should break through the original service subject and scope of application,and formulate a series of systems such as unified and appropriate service standards.Combined with technical support and data support in scientific and technological area during practice,it will finally promote the improvement of China’s electronic service system.The full text is divided into the following four parts for discussion:The first part summarizes and analyzes the basic theory & concepts of electronic service in China,as well as elaborates the characteristics and value of the electronic service system,which lays a theoretical foundation for the analysis of the later system and current situation.The second part analyzes the development status of the country’s electronic service system and the practical problems existing in the system at this stage.Through judicial practice research,the author introduces the pilot case of the electronic service system in the court of W District and discusses problems.Through the focus issue of the pilot case,the author analyses the actual situation and reflection on the actual situation of the electronic service system behind the court of W District.Also the author analyzes the problems existing in the identification of the subject of service,methods of service,and the efficiency of the service in electronic service.The third part is to sort out the development status and related legislation of electronic service systems in countries with different legal systems,focusing on the reform of electronic litigation systems in Germany,etc.and abroad electronic service systems with relatively complete specific measures.which provides a certain reflection and reference for the improvement of the electronic service system.The fourth part is to put forward relevant suggestions to improve the electronic service system,and determine the specific service plan and the standard of successful service,so as to achieve both justice and efficiency,and combine the Internet development thinking with the rule of law thinking to achieve the dynamic balance between efficiency and protecting parties’ right to be informed. |
