Research On Electronic Service In The Mainland And Hong Kong

As a new mode of delivery combining technology and judicial procedures,high expectations have been placed on electronic service,which can solve the difficulties and inefficiencies of delivery.In particular,the existing inter-district service agreements and cooperation between the Mainland and Hong Kong are at a standstill.The use of electronic service for inter-district service has been widely concerned in the world,especially in the field of extra-territorial service.Electronic service has unparalleled advantages in facilitating the completion of service procedures,safeguarding the legitimate rights and interests of the parties and safeguarding fairness and justice.This paper introduces the development status of electronic service in china,the situation of inter-district service in the mainland and Hong Kong,and makes a thorough analysis of the problems raised in this paper by means of comparative analysis and literature analysis,so as to put forward corresponding suggestions.The article is divided into four parts,the first chapter is divided into two aspects,on the one hand,by defining the definition,characteristics and constituent elements of electronic service,it is believed that electronic service is through electronic means,optical means and other modern electronic technology means for civil service,because of the inherent advantages of electronic technology,the efficiency of electronic service,the intangibility of the carrier makes electronic service compared with the traditional service method,can transcend the limitations of distance space and time,and complete the service of judicial documents in a fast and convenient manner.By introducing the division of specific methods of electronic delivery in practice,it shows that in practice,electronic delivery methods not only develop rapidly but also diversify: we can quickly contact the addressee through social platforms such as QQ and We Chat,and strengthen reminders through phone messages to ensure delivery;Provide authoritative official channels for parties through official websites such as courts to resolve parties’ trust concerns.On the other hand,by analyzing the attitudes of the mainland and Hong Kong towards electronic service,we can show the basis and possible difficulties of electronic service between the two: due to the imbalance between population and judicial resources,the mainland welcomes and actively promotes the application of electronic service to complete service efficiently and reduce the burden on courts,and has therefore established a unified electronic service platform.Due to the influence of legal tradition and legal culture,Hong Kong is deeply influenced by case law,and is cautious about electronic service,coupled with Hong Kong judges and lawyers’ distrust of the mainland’s legal system due to their own reasons,the prevailing electronic service in the mainland should be conservative in their view,so as to maintain Hong Kong’s own legal fairness.However,given the foundation of one country,two systems,the in-depth promotion of the Guangdong-Hong Kong-Macao Greater Bay Area,and the continuous enrichment and development of Hong Kong’s electronic service practice driven by external forces,the implementation of electronic service between the mainland and Hong Kong has natural advantages and an irresistible general trend.Chapter 2 mainly analyzes and introduces the current situation of legislation and practice on electronic service in the Mainland and Hong Kong.In terms of legislation,the mainland has continuously improved the provisions on electronic service in the Civil Procedure Law to provide a legal basis for the application of electronic service.The second is Hong Kong.Hong Kong’s legislation on electronic service is still being perfected and developed,and although there are certain provisions,it is still cautiously applied to the service of documents by the courts and does not apply to the mainland.In judicial practice,specific judicial practices such as email service,social media service and online database service have emerged in Hong Kong,indicating that Hong Kong’s practice of electronic service has been increasing and recognized by judges,changing the previous overly conservative and cautious attitude,which will have a significant impact on the future agreement between the mainland and Hong Kong on electronic service.Chapter 3mainly describes the difficulties in the implementation of electronic service in the Mainland and Hong Kong.On the one hand,there are legislative gaps in the inter-regional service arrangement reached between the mainland and Hong Kong,and the unequal method of service between the two.On the other hand,it is mainly about the contradiction in judicial practice caused by the fact that mainland law has not yet formed a complete and rigorous legal system for electronic service,which has caused obstacles in judicial practice to the large-scale implementation of electronic service,especially the enhanced application between Hong Kong,Macao and Taiwan,and is not conducive to the presumption of accelerated application of electronic service between the mainland and Hong Kong through practice.Chapter 4 focuses on the relevant solutions proposed to solve the above problems.First,on the issue of the lack of provisions on electronic service in the inter-regional assistance arrangement itself,the legal gap can be filled by improving the service rules related to Hong Kong,specifically signing special agreements with electronic service as the new content and expanding the role of the parties in electronic service,which is not only in line with the Hong Kong legal tradition,but also reduces the burden on the courts of both sides.Second,in view of the problem of the asymmetry of the respective delivery channels between the Mainland and Hong Kong,the method of reconstructing the service mechanism between the Mainland and Hong Kong can be solved by simplifying the procedures for electronic service,establishing an information exchange and mutual notification mechanism between the two places,and exploring specific measures to establish a unified electronic service platform for the two places.Third,in view of the current fragmentation of the legal system for electronic service,improve the legal system for electronic service by clarifying the basic principles of electronic service and refining the procedural rules for electronic service.Fourth,in view of the confusion caused by the inconsistent application of electronic service in judicial practice,it can be solved by improving the specific application conditions for electronic service,specifically by improving the court’s own management standard level and promoting electronic service first for those with conditions.