2012年修正的《民事诉讼法》正式从立法层面确立了电子送达的法律地位。作为一种新兴送达方式,电子送达被认为是提升司法效能、破解“送达难”的重要手段。但受制于制度设计、数据衔接、技术瓶颈、资金保障等因素,电子送达存在“找不到”“送不到”“送达有效性存疑”等问题,尚不能有效满足司法的实际需求,仍有较大优化空间。本文立足当前电子送达的司法实践现状,并结合各地法院出台的电子送达规范性文本,从规范性文本视角分析梳理电子送达存在的实践问题,以期提出符合司法规律的规范进路。
<<The Civil Procedure Law revised in 2012 formally established the legal status of electronic means of service from the legislative level. As a new method of service,electronic service is considered to be an important means to improve judicial efficiency and solve the “difficulty in service”. However,due to the influence of system design,data connection,technical bottlenecks,and financial guarantees,such problems as “cannot be found,” “delivery unreached,” and “questionable service validity” have been existing in electronic service,resulting in its failure to effectively meet the actual needs of justice. So,there is still a large space for optimization. Based on the current judicial practice of electronic service,and combined with the normative text of electronic service issued by local courts,this paper analyzes and sorts out the practical problems of electronic service from the perspective of the normative text so as to propose a standardized approach that conforms to judicial laws.
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