我国民事诉讼电子送达探析

Analysis on Electronic Service in Civil Procedure

电子送达是民事司法制度的创新,其高效、即时、实用等特征满足了司法实践中法院案多人少,司法资源不足的现实需求,也符合了信息化时代送达制度发展的必然趋势。但作为一种新型的送达方式,民事诉讼电子送达存在确认收悉、信息安全、程序风险和技术障碍等方面的缺陷。为了确保民事诉讼电子送达效率和公正价值的实现,需要在立法和实践中通过落实明确收悉方式、保障信息安全、完善送达程序和建立送达平台等一系列措施加以完善。

Electronic service is an innovation of the civil justice system, and its characteristics of efficiency, instance and practice etc. meet the realistic demand of the court in judicial practice, due to the manpower being much less satisfied the numerously increasing cases, and the lack of judicial resources. It is also in accordance with the inevitable trend of the service system＇ s development in the information age. But as a new mode of service, electronic service of civil litigation has such defects as confirmation receipt, information security, program risks and deficiencies in technical barriers, etc. In order to ensure the realization of efficiency and fair value of the electronic service of civil procedure, in legislation and in practice, we need to implement a series of perfecting paths, for instance, to make the receive pattern clear, to ensure the information security, to perfect the service procedure, to establish a platform of service.