Research On The Electronic Supervision Procedure In My Countr

In recent years,in order to alleviate the judicial pressure caused by the large number of court cases and the small number of judicial personnel,some courts have actively promoted the pilot work of electronic supervising and forcing procedures,integrating supervising and forcing procedures with Internet technology,and playing the functions of judicial burden reduction and case diversion of supervising and forcing procedures.Electronic supervising and forcing procedure is derived from the traditional supervising and forcing procedure,is the innovation and reform of the original supervising and forcing procedure,mainly divided into electronic application,electronic review,electronic delivery,electronic objection,electronic payment five stages,to achieve the whole process of electronic supervision application,network,online.With the help of information technology and communication technology as well as artificial intelligence,the electronic urging procedure has brought into full play the advantages of litigation efficiency and litigation economy.Compared with the vigorous development of electronic supervising and forcing procedure outside the country,the electronic supervising and forcing procedure is still in the pilot stage.Although the pilot court has a certain degree of innovation,it still faces the dilemma of the lack of experience and related theories.Therefore,it is necessary to explore the development of electronic supervising and forcing procedures overseas and learn from foreign successful experience.The author examines the electronic supervising and forcing procedure theory in Germany,the European Union and Japan,and summarizes the practical experience in order to find solutions for the problems in the electronic supervising and forcing procedure in the pilot,and to improve the electronic supervising and forcing procedure system and realize its automation,contextualization,and batch processing of case disputes.This paper is mainly divided into five parts:The first part mainly introduces the basic concept of supervising and forcing procedure and electronic supervising and forcing procedure,expounds the operation stage of electronic supervising and forcing procedure,introduces the development process and positioning of electronic supervising and forcing procedure,and makes clear the difference between electronic supervising and forcing procedure and other litigation procedure.The second part mainly introduces the necessity and rationality of the development of the electronic supervising and forcing procedure,based on the application status of the traditional supervising and forcing procedure and the utility of the electronic supervising and forcing procedure,and emphasizes the importance of the electronic supervising and forcing procedure to our judicial reform.The third part examines the development status of electronic supervising and forcing procedure,researches current electronic supervising and forcing procedure legislation status and judicial application status,analyzes and summarizes the problems existing in our current electronic supervising and forcing procedure.The fourth part mainly introduces the overseas investigation of the electronic supervising and forcing procedure,and studies the electronic supervising and forcing procedure system of Germany,European Union and Japan,draws on its successful experience,and explores and solves the problems existing in our judicial practice.The fifth part,based on the summary of our electronic supervising and forcing procedure operation results,draws on the successful experience of foreign countries,and combines with our national conditions and judicial operation practice,puts forward a concrete idea of improving electronic supervising and forcing procedure.