Electronic delivery date in civil procedure law

Article 134 In accordance with the provisions of Article 88 of the Civil Procedure Law, if another people's court is entrusted to serve on its behalf, the entrusting court shall issue a power of attorney, together with the litigation documents served and the service receipt, and the date of service shall be subject to the date of receipt by the addressee. If the service is entrusted, the entrusted people's court shall serve it on its behalf within ten days from the date of receiving the power of attorney and relevant litigation documents. Article 135 Electronic service can be carried out by fax, e-mail, mobile communication and other specific systems that can be received immediately. The date specified in the second paragraph of Article 87 of the Civil Procedure Law of the People's Republic of China when it is delivered to the specific system of the addressee shall be the date when the corresponding system of the people's court shows the successful delivery. However, if the date when the addressee proves that he arrived at his specific system is inconsistent with the date when the corresponding system of the people's court shows his success, the date when the addressee proves that he arrived at his specific system shall prevail. Article 136 If the addressee agrees to be served by electronic means, it shall confirm it in the confirmation of the address of service. Article 137 If a party fails to change the service address in writing when filing an appeal, applying for retrial or applying for execution, the service address confirmed by the procedure of first instance may be used as the service address of the procedure of second instance, the procedure of trial supervision and the procedure of execution. Article 138 An announcement may be posted on the bulletin board of the court and the address of the addressee, or published in newspapers, information networks and other media. The date of issuing the announcement is the date of the last posting or publication. If there are special requirements for the delivery method of the announcement, it shall be carried out in the required way. Upon the expiration of the announcement, it shall be deemed to have been delivered. When the people's court posts an announcement at the addressee's residence, it shall take photos, videos and other ways to record the posting process. Article 139 The service of an announcement shall state the reasons for the service; If a copy of the complaint or appeal is served by public announcement, the main points of the complaint or appeal, the time limit for the respondent to reply and the legal consequences of failing to reply within the time limit shall be explained; When the summons is served by public announcement, the time and place of appearing in court and the legal consequences of not appearing in court after the time limit shall be clearly stated; If the written judgment or ruling is delivered by public announcement, the main contents of the written judgment shall be clearly stated. If a party has the right to appeal, it shall also specify the right to appeal, the time limit for appeal and the people's court of appeal. 140th cases that are subject to summary procedure shall not be served by public announcement. Article 141 If the people's court regularly pronounced a judgment and the parties refused to sign the written judgment or ruling, it shall be deemed to have been served, and the written judgment or ruling shall be noted.

Legal objectivity:

I. What is electronic service in the Civil Procedure Law? Including the act of sending litigation documents to the addressee by telephone, short message, fax, email, etc. The electronic service mentioned in the Civil Procedure Law only refers to the way that the people's court uses information technology to send litigation documents to the special mailbox of the parties or litigation agents. Second, what is the legal basis for electronic service? The Civil Procedure Law revised in 65438+2003+ 1 year 10 legally confirmed the legal status of electronic service for the first time. Article 87 of the Civil Procedure Law stipulates that, with the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail or other means that can confirm receipt, except for judgments, rulings and conciliation statements. Third, the legal effect of electronic delivery How does electronic delivery have the same legal effect as traditional delivery? Once the e-mail is successfully sent, the litigation documents are deemed to have been delivered and have legal effect. The arrival time of the mail is the delivery time, and the system will automatically generate a delivery receipt and return it to the case management system. Note: 1. When the court sends the mail, it sends the relevant short message to the mobile phone number of the addressee. During the litigation, if the mobile phone number is stopped or changed, it shall be notified to the court in time, otherwise it will not be delivered or delivered in time, and the consequences will be at your own risk. 2. According to the law, electronic service must get the consent of the recipient, but in practice, the principle of electronic service takes precedence. If the addressee is a non-natural person or a lawyer's agent, electronic service shall be adopted. If the person to be served is a natural person, there should be justified reasons for not agreeing, or the traditional service method can be adopted. The threshold of "just cause" is mainly to prevent dishonest parties from abusing their litigation rights to delay litigation, such as submitting an appeal to reduce the cost of deferred appeal, and then playing missing. 3. The agent's e-mail address should be the priority address for electronic service, and the party's own address should be filled in as an alternative address. The parties can apply for changing the e-mail address of the agent at any time, or they can ask the court to send litigation documents to two e-mail addresses at the same time to keep abreast of the progress of the case together with the agent.