Relevant provisions of the people's court on electronic service

The electronic service of the people's court refers to the use of information and communication technologies such as the Internet for service, which must belong to the consent of the person to be served and comply with relevant regulations. Scope of application, delivery method, time, evidence and other relevant provisions.

In litigation, the court is extremely important for the service of documents, and modern technology provides a new way for service, that is, the electronic service of people's courts. According to the relevant regulations, the electronic service of the people's court can only be implemented with the consent of the addressee, and it is also necessary to abide by the corresponding regulations. 1. Scope of application: service in civil, administrative and criminal trial procedures. 2. Delivery method: via Internet, SMS, email, court website announcement, etc. Specific consideration should be given to the case and the situation of the person served, so as to take appropriate measures. Three. Time: the time of electronic service by the people's court, counting from the date of service. Non-working hours, rest days or legal holidays shall be postponed to the first day of working hours. Certain specific times, such as court sessions and mediation, still need to follow the provisions of traditional delivery methods. Four. Evidence: The delivered electronic document shall be accompanied by a receipt. If the addressee refuses to sign for it, several witnesses shall testify or relevant certificates shall be provided by the judicial authentication institution. V. Precautions: The addressee shall not be forced to use electronic service. And in certain cases such as case transfer and appeal, it still needs to be delivered by traditional mail.

Due to unexpected reasons, the defendant did not check the SMS in time, which led to the missed delivery deadline. What should I do? According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the parties may apply for re-service of the documents that have not been received. But in practice, whether the court will serve it again depends on the specific situation. Therefore, in order to avoid this situation, the parties should pay attention to the receipt of procedural documents, especially before the court session and before the important deadline, in order to reduce the losses caused by breach of contract and other issues.

The electronic service of people's courts has brought more convenient choices for litigation under the conditions of modern science and technology, but it also needs to comply with relevant regulations. These regulations involve the scope, mode, time and evidence of service, and there are still problems that must be paid attention to in practice. Therefore, in the process of litigation, we must properly handle the issue of electronic delivery to ensure the fairness, effectiveness and convenience of case handling.

Legal basis:

Article 36 of the Civil Procedure Law of People's Republic of China (PRC) * * * The parties may serve the litigation documents by mail, telegram, fax or e-mail. , provided that the parties agree and provide effective contact information to the court, and the delivery method complies with relevant regulations. The delivery date is subject to the time of postmark, receipt and feedback from the mail system.